Significant conditions of the bank deposit agreement under the civil legislation of Ukraine

Abstract

In the article the author investigates the essential terms of the bank deposit agreement. In the course of the research the author analyzes the requirements to the content of the bank deposit agreement established by the Central Committee of Ukraine and special legislation, including the Law of Ukraine «On Financial Services and State Regulation of Financial Services Markets» and regulations of state regulators in the banking services market. Based on the analysis, the author concluded that the terms of the contract (in particular, essential) relate to the contract as a transaction and not as a legal relationship or document, and therefore, most of the conditions specified in special legislation are not essential, and their the absence may result not in the recognition of the contract as unconcluded, but as a basis for the application to the bank of measures of influence by state regulators of the banking services market. As essential conditions of the bank deposit agreement, established directly by law, the author considers only the subject of the agreement, and for a bank deposit agreement concluded in favor of a third party, such a condition also determines the name of the individual or the name of the legal entity. Keywords: contract, transaction, legal relationship, document, content of the contract, condition of the contract.