SOME ASPECTS OF THE CIVIL LIABILITY OF THE PARTIES UNDER THE BANK ACCOUNT AGREEMENT

Abstract

The article is devoted to the study of theoretical aspects of the civil liability of the parties under the bank account agreement. The article is devoted to the study of the characteristic features of civil liability under a bank account agreement. Characterizing the specifics of civil liability under a bank account agreement, it is worth taking into account the general provisions on civil liability specified in the Civil Code of Ukraine. Special attention is paid to the investigation of the parties’ responsibility under the bank account agreement. In the article there are defined civil liability through the category of «sanction», that is, under civil liability should be meant certain legal consequences that follow for the offense committed, and are implemented with the help of influence measures, expressed in negative property consequences for offender. There are also defined that banking activity is always associated with risk, banks ensure the circulation of money in society, and the line between the liability of banks for personal funds and the funds of depositors of the latter is very «flexible» - and therefore, the limitations on the liability of banks in the implementation of the latter offenses in the implementation settlement operations - must be taken into account in terms of banks’ responsibility when carrying out settlement operations. The article also notes that the amount of responsibility to the client is much smaller compared to the bank. As mentioned above, the essence of the contract under study is the provision of banking services, and their timely payment is the client’s responsibility and the main indicator of the appropriateness of the contract. It is also noted that the illegal behavior of the parties to the bank account agreement can be expressed both in certain actions and in inaction. Illegal behavior «corresponds» to those obligations of the bank and the client, which are provided for by regulatory acts and terms of the contract and for the non-fulfillment of which the law or contract provides for civil liability.