BANK ACCOUNT AGREEMENT WITH INDIVIDUALS: SELECTED NOVELS OF THE LAW

Task. The purpose of this research was predetermined by the changes in the Civil code of the Russian Federation regarding the design of the bank account agreement. The lack of consensus and not efficiency of the legislator in questions of need for accounting of interests of both parties of the bank account agreement (both banks and citizens) according to the problem of contractual relations’ implementing; insufficiency of fundamental developments in the sphere of scientific and monographic researches of ensuring system stability of banking activity in connection with innovations in legislation sphere, require reconsideration and systematization of the available scientific ideas of market development of the banking services, in particular, regarding the design of bank account agreement, the developments and justification of the new corresponding to the developed realities. (Clausen, Bank- und. 5. Auflage. C.H. Beck. 2014. S. 310; Davidson, F.P. and Macgregor, L. Commercial Law in Scotland. (2nd edition). Edinburgh: W Greens, 2008. C. 92; Report Committee on Consumer Credit. HMSO, 1971. Cmnd. 4596; Richtlinie 2008/48/EG des Parlaments und des Rates vom 23. April 2008 und zur Aufhebung der Richtlinie 87/102/EWG des Rates. Amtsblatt der Union. 22.5.2008. L 133/66 - L 133/92) Conclusions. One of the most discussed innovation of the legislation sphere in the field of bank account agreement usage is the bank account agreement with several clients (the joint account). Undoubtedly, use of the joint account by individuals also has certain pluses, however so far use of joint bank accounts hides in itself more so-called pitfalls both for banks, and for clients, than clear advantages. In general, having analysed provisions of the section Civil Code of the Russian Federation regarding the bank contracts, it is possible to make a conclusion that there is certain positive tendency to regulation of financial transactions within the updated Civil code. Emergence of a number of the norms closing gaps of the operating regulation, certainly, will remove a lot of controversial issues as at a stage of the conclusion of financial transactions with individuals, and at a stage of the subsequent judicial analysis of such contracts. The separate roughnesses which are not absolutely organically fitting into the general system of norms will require the substantial analysis of these innovations from vessels. Practical value. The practical research of the problem consists of the theoretical questions of a design of the bank account agreement through a prism of law-enforcement practice taking into account changes of the civil legislation are considered. The author used an integrated approach to the solution of theoretical and practical problems of realization of the standards of the bank account agreement which are contained in the updated Civil Code of the Russian Federation. The received conclusions can find application in teaching training courses of civil law and the bank right. Results of the conducted research can be used in law-enforcement activity. Originality/value. Studying of relevant changes of the legislation in the field of a design of the bank account, agreement is necessary in terms of development not only theories, but also practicians as on means of the analysis of law-enforcement activity forecasting further development of the studied precepts of law taking into account the developing situation both in bank community, and in society, in general, within the legal relationship arising when using regulations of the bank account is obviously possible.

договор, банковский счёт, банк, клиент, совместный счет