N.V. Syropiatova

Perm State University, Perm, 614990 Russia

E-mail: Syropiatova.psu@gmail.com

Received February 28, 2018

Full text PDF

Abstract

The paper is aimed at classification of bank account agreements. There has recently been a tendency to increase in the number of their types. The Concept of the Development of Civil Legislation of the Russian Federation (2009) stated that the requirements of civil turnover in various financial services mean both expansion of the range of possible bank accounts and development of the regulation of bank account types that are already provided by legislation. Based on the obtained results, it has been suggested that significant changes should be made to Chapter 45 “Bank Account” of the Civil Code of the Russian Federation. Currently, new types of bank accounts can be distinguished. However, there is no classification in the Civil Code of the Russian Federation, which raises problems both of their theoretical and practical nature. It is also difficult to determine the location of individual types in the general system of bank account agreements.

The paper considers the classifications of bank account agreements based on different grounds. Analyzing the current legislation on bank account agreements, the conclusion has been made that it is possible to classify them depending on the functions implemented. It has been suggested to differentiate between three groups of contracts: the first group includes the contracts that have common functions for all bank account agreements; the second one covers the contracts that have some specific functions that distinguish certain types of bank account agreements from each other; and the last one comprises the bank account agreements that have strictly specific functions that include contracts for special bank accounts. In accordance with this classification, the systematization of bank account agreements by determining the position of each agreement in the suggested classification has been performed.

Keywords: classification of bank account agreements, bank account agreement, bank account, types of bank account agreements, types of bank accounts, legal regulation of bank account agreement, Chapter 45 of Civil Code of Russian Federation

References

  1. Syrykh V.M. Istoriya i metodologiya yuridicheskoi nauki [History and Methodology of Legal Science]. Moscow, Norma, INFRA-M, 2013. 464 p. (In Russian)
  2. Zagirov R.Z. Bank account agreement: Problems of legal qualification and regulation. Extended Abstract of Cand. Leg. Sci. Diss. Moscow, 2002. 29 p. (In Russian)
  3. Kurbatov A.Ya. Bank accounts in Russian law: Concept, types, legal regimes. Extended Abstract of Cand. Leg. Sci. Diss. Moscow, 2006. 20 p. (In Russian)
  4. Bankovskoe parvo [Banking Law]. Alekseeva D.G., Pykhtina S.V. (Eds.). Moscow, Yurait, 2013. 1055 p. (In Russian)
  5. Grazhdanskoe parvo [Civil Law]. Gongalo B.M. (Ed.). Vol. 2. Moscow, Statut, 2016. 528 p. (In Russian)
  6. Sergeev V.V. On new types of bank accounts (from the Commission on the Law on Financial Markets of the Russian Bar Association). Bankovskoe Pravo, 2012, no. 6, pp. 3–13. (In Russian)
  7. Efimova L.G. Conceptual, theoretical, and technical deficiencies in the draft of the RF Civil Code (Chapter 45 of the RF Civil Code “Bank Account”). Khozyaistvo i Pravo, 2012, no. 11, pp. 3–7. (In Russian)
  8. Vitryanskii V.V. Reforma rossiiskogo grazhdanskogo zakonodatel'stva: promezhutochnye itogi [Reform of Russian Civil Law: Interim Results]. Moscow, Statut, 2016. 431 p. (In Russian)


For citation: Syropiatova N.V. Classification of bank account agreements. Uchenye Zapiski Kazanskogo Universiteta. Seriya Gumanitarnye Nauki, 2018, vol. 160, no. 2, pp. 454–463. (In Russian)


The content is available under the license Creative Commons Attribution 4.0 License.