Abstract

The article attempts to determine the place of bank contracts in the system of civil law contracts on the basis of the current legislation and the points of view existing in the legal literature. It is noted that an indicator of the relevance and low development of this research topic is that, despite the presence of a fairly wide range of research on certain types of obligations and contracts, the issue of determining the place of banking contracts in the system of civil law contracts remains insufficiently developed.It is argued that the system of civil contracts contains a special group of contracts, the execution of which is directly the subject of banks' activities (lending, attraction of deposits, settlement operations, etc.).The peculiarity of these contracts is that the bank is always one of the participants in the transaction, and the subject of legal actions, as a rule, is money. Banking contracts have a civil-law nature, since as a result of the application of administrative-legal norms, although public-law relations arise, such legal relations exist in parallel with private-law ones and do not intersect with them.
 It is emphasized that banking contracts have a civil-law nature, since as a result of the application of administrative-legal norms, although public-law relations arise, such legal relations exist in parallel with private-law ones and do not intersect with them.
 The signs that characterize bank contracts as a private-law category, which occupies a rather important place in the system of civil-law contracts, are determined.
 The issue, which has been the subject of discussions for a long time and is related to the classification of banking contracts as service obligations, is considered.
 The legal nature of banking contracts was analyzed, based on which it was concluded that regardless of the degree and nature of state intervention in the activities of banks, banking contracts were and remain an institution of civil law, as they always lead to the emergence of property relations based on the principles of legal equality of its participants.

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