Кредитная сделка - самостоятельный правовой институт Российского права

Ермаков С.Л. - кандидат экономических наук, член-корр. РАЕН, доцент кафедры Правового обеспечения управленческой деятельности МИУ МГИМО (У) МИД РФ


Imperfection of legislative practice becomes one of the most acute issues in times of crises and collapses. It's time we were alarmed since these problems can simply paralyze the whole national economic system. Banking sector is indeed a “circulatory system” of any country's economy and functioning of a bank which is a main unit of this system is based on the possibility of accurate and timely client service. Banking consists of the operations to accumulate the client's temporary free cash assets and to place them on its own responsibility. The latter usually takes the form o credit.Credit activity takes from 60 to 85-90 % of all the money placement operations of a bank. Nevertheless the lack of certainty in Russian legislation makes it difficult to regulate such an important institute of banking law. All in all it's necessary to define what credit activity is: a banking operation or a deal? How should the modern civil law define it? How do banking relations regulated by general and special legislation interfere with the credit sphere? These are themain questions we tried to answer in this article.

Текст статьи: