Practical Aspects of Exercising the Depositor’s Right to Get his Deposit at First Request

A.B. Afanasyev

Perm State National Research University
15, Bukirev st., Perm, 614990
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

The article is devoted to the problematic issues associated with the practice of applying the norms that regulate the depositor’s right to get his deposit at first request. A conclusion is made about the necessity to improve the legislation in force for the purpose of preventing the infringement of the depositors’ rights and of creating additional warranties for exercising the legitimate rights and interests of physical persons in bank legal relationships. The author studied the draft Amendments to the Russian Federation Civil Code and estimated the proposed changes into the current norms of the civil law. In the article, the conclusion is made about the necessity of the complex approach to regulating the relationships with the physical person depositors, to changing other norms for the full protection of the depositors’ rights and legitimate interests. The author of the article reviewed problematic issues arising in the practical bank activities when using the norms regulating relationships with the depositor exercising his right to get the deposit at first request. Mostly common in practice cases of the depositor’s rights infringement are – claiming for the bank commission for early deposit demand, forcing to concluding the bank account agreement as a necessary condition for concluding the deposit agreement, charging for making bank account operations. The reasons for the possible charging of the bank commission as per the deposit agreement are studied in detail, as well as the legal nature of the remuneration for the agreement. In the work, the norms of the current legislation are analyzed as applied to the mentioned cases of infringement of the depositor’s rights for the unconditional deposit return at the first request. The author comes to the conclusion that the current norms need to be changed for the purpose of avoiding the possible abusive practice of the credit institutions, for proper regulation of such legal relations for keeping the balance of public and private interests.


Keywords: deposit; first request; bank; restriction of a right; commission

 


     

      

 
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ISSN 1995-4190 ISSN (eng.) 2618-8104
ISSN (online) 2658-7106
DOI 10.17072/1995-4190
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