On the Issue of the Bank's Civil Liability

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Abstract

The paper contemplates to the issues of legally established civil liability of the bank in modern conditions. The paper analyzes the domestic legislation regulating the civil liability of banks that perform the functions of both credit and non-credit organizations. The purpose of the study is to analyze the legislation of the Russian Federation regulating legal relations related to the establishment of civil liability of the bank in connection with the use of digital technologies. Conclusions obtained in the course of the study. At present, the activity of banks has changed significantly, which in turn is reflected in the specifics of the civil liability of this subject of banking activity. The bank's civil liability is regulated by law or contract, and may also be conditional. Tort civil liability allows you to protect the interests of persons who do not have mutual contractual legal relations. The Bank is responsible for transactions concluded through an intermediary (for example, on a financial platform). The Bank is responsible as the operator of the information system and the exchange of digital financial assets.

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About the authors

Sergey Yurievich Reutskiy

Financial University Under the Government of Russian Federation

Email: whozzz@yandex.ru
Moscow, Russia

References

  1. Zavidov B.D. Civil liability arising from obligations: scientific, practical and analytical reference // SPS «Consultant Plus».
  2. Zolotorev A.P. Civil liability in Russia: concept, grounds, sanctions: monograph- Moscow: Yurlitinform, 2016. - 206 p.
  3. Shamis M.I. Civil liability for violations in the field of banking: dissertation for the degree of Candidate of Legal Sciences in the specialty 12.00.03 M.I. Shamis. M: Moscow State Industrial University, 2006. - 182 p.
  4. Shapovalov M.A., Ishlek N.M., Mironov V.Yu. Commentary to Federal Law No. 395-1 of December 2, 1990 "On Banks and Banking Activities" (article-by-article) / edited by M.A. Shapovalov // The GARANT system, 2014.

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