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Law and Politics
Reference:
Nizhegorodtsev, D.S.
Problem of the object of the bank deposit and ensuring the realization of the responsibility to return the deposit.
// Law and Politics.
2007. № 4.
P. 110-118.
URL: https://en.nbpublish.com/library_read_article.php?id=50160
Nizhegorodtsev, D.S. Problem of the object of the bank deposit and ensuring the realization of the responsibility to return the deposit.Abstract: When considering the subject of a bank deposit agreement, in theory and in practice, a number of questions arise, the main of which are the following: about the rights of depositors and the bank to funds in the deposit; about what to relate to the subject of a bank deposit and its object; about the orientation of the interests of the participants in the transaction; about the possibility of extending the institutions of ownership and ownership rights to the funds are in the deposit. The root of ambiguous approaches to the subject of a bank deposit agreement is explained, firstly, by the complex and rather controversial nature of money in general and in non-cash settlements in particular; secondly, by the confusion of economic concepts and meanings with legal ones; thirdly, by an imperfect legislative framework interpreting a number of institutions ambiguously, and sometimes completely in the opposite sense; fourthly, the undevelopment of the institution of ownership and the so-called institution of "right to law"…
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