【裁判要旨】在我国法律体系中,存款属物权,与贷款属债权不同,银行不得根据其与借款人有关在借款人不能按期还贷时可扣划其存款以偿还贷款本息之约定主张行使抵销权。破产申请受理前,银行依据与借款人达成的约定扣款还贷的行为应属个别清偿行为,银行主张该行为属行使抵销权的,不应予以支持。 In the legal system of our country, deposit belongs to the property right, which is different from the loan, the bank shall not exercise the right according to its agreement with the borrower in case the borrower can not repay the loan on schedule to repay the principal and interest of the loan. Right of set-off. Before the bankruptcy application is accepted, the bank shall repay the loan according to the agreement reached with the borrower. The bank shall act as an individual repayment bank. The bank claims that the act is an exercise of the right of set-off and should not be supported.