The definition of contract as one of the theoretical bases of legal regulation of the provision of financial services

Abstract

Тhe definition of the concept of a contract as one of the theoretical foundations of the legal regulation of the provision of financial services in Ukraine has doctrinal significance for the provision of financial services.
 The author notes that the Civil Code of Ukraine does not contain separate provisions under the agreement on the provision of financial services. Turning to special legislation, it is noted that the laws do not contain a definition of the concept of a contract for the provision of financial services, however, by analyzing individual articles, it is possible to investigate the approach to understanding the contract being studied through the category of “contract-legal fact”.
 It is argued in the article that, according to the definition of the concept of a contract as a legal fact, a contract is a certain lawful act on the part of parties who intend to establish, modify or terminate certain rights and obligations. However, the contract is not only the basis for the emergence, modification or termination of certain rights and obligations, that is, it “affects” the dynamics of legal relations, but also through the contract the parties can determine the specific content of rights and obligations in each individual case.
 The contract differs from other legal facts that it not only provides grounds for the application of a rule of law in a particular case and for the emergence, modification or termination of specific legal relations, but also directly regulates the conduct of the parties, determines the rights and obligations of the parties to legal relations. This follows from the essence of the contract as an agreement of the parties, an act of their will. By expressing their will, the parties assume certain responsibilities and acquire certain rights.
 Although the content of certain articles of special laws on the provision of financial services can define a financial services contract as a legal fact with which the emergence of legal relations for the provision of financial services is associated, the doctrinal significance is the definition of a contract through the classical theory of the interpretation of a contract as an agreement.