Pravna (ne)osnovanost naknade za održavanje bankarskog tekućeg računa

Abstract

In the article, the author considers the justifiability of banks’ right to charge the client with the basic costs and fees regarding the banking current account. Although it seems fair that the bank has the right to a maintenance fee and provision, after reviewing the legal nature of bank current account, the author concludes converse. It is particularly present in the case of M-Banking where the client completely autonomously creates and performs the payment order. This is because the client does it on its own mobile phone or PC with his own actions and not the bank’s servants’ actions. Therefore, it seems fair to deprive the bank of this right in favor of its client, or if one wants to be more equitable, to entitle the bank with the aforementioned rights, but at the same time to entitle the client with a right to interest on his positive balance.