Legal characteristics of the bank deposit (deposit) agreement

Abstract

Holding on the deposit of funds are their transfer in cash or non-cash in foreign, or national currency, banknote or bank currency and at the expense of the owner for compliance under certain conditions in accordance with the contract.
 The agreement of the bank deposit is concluded in writing. If the bank's deposit agreement or certificates and other documents that meet the requirements of the bank's legislation, regulations or other provisions which corresponds to the written form of the bank deposit agreement (bank rules) and the customs of business.
 The agreed condition that the bank has the right to change the rate of interest on the deposit in a one-way order is invalid. Interest on bank deposits is accrued from the date of receipt of the deposit by the bank and ends on the day before the depositor accepts the deposit or debiting the funds from the account of the account.
 In judicial practice, there is no unanimity on the question of whether the heir has the right to receive interest on the relevant contract of the bank deposit (deposit) and the right of way of life after the death of the depositor of funds until the actual return of the deposit.
 We consider it expedient to make changes to paragraph 3 of Chapter 71 of the Civil Code of Ukraine on further improvement of legislative provisions on deposit obligations, in particular by limiting and regulating the range of entities with the right to provide this type of financial services complying with their compliance with the established legislation with the requirements for professional students of this market focusing on the economic base of the main types of their activities, clarification of the legal regime of those involved in the depository fund of financial institutions and active assets defining the permissible limits between the establishment of legal succession and harmonization of approaches to the mechanism of accrual of interest in the investigated obligations