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ČUNDERLÍK
Zmluvy o poskytnutí finančnej služby
– 1. časť: Spoločné východiská, základné inštitúty pre správu majetku a inštitút
úročenia (v súvislostiach rímskeho a kánonického práva)
Financial services contracts – Part 1: Common features, basic institutes for
asset management and the institute of interest (in the context of Roman and
canon law)
Doc. JUDr. Ľubomír
Čunderlík, PhD., Faculty of Law at Comenius University in Bratislava
JUDr. Veronika Čunderlík Čerbová, PhD., Faculty of Law at Comenius
University in Bratislava
Právny obzor, Volume 103, 2020,
No. 5,
pp. 387 – 410.
Published online: 31.8.2021
Abstract. In the article,
the authors deal with the basic features of contracts on the provision of
financial services. The definition of these contracts can be found in the
relevant financial market regulation. According to that, financial services
contract means a contract between a customer and a financial institution under
which the financial institution provides the customer with a financial service
(in particular a current account agreement, an insurance contract, a credit
agreement, a securities purchase contract, a portfolio management contract, a
participant agreement, an employer agreement, an old-age pension scheme
agreement). One of the parties to these contracts is always the supervised
entity on financial market. The authors focus their attention on those contracts
whose subject matter is the custody of assets. Particular attention is paid to
the institute of interest, which is associated with loan (credit) and deposit
agreements. The article points out the basic principles of the legal regulation
of these two contracts for the provision of financial services in the historical
context, particularly in Roman law. In this context, it should be noted that
interest was perceived controversially, especially in the Middle Ages, and was
subject to a ban by Catholic Church. Furthermore, the subject of the article is
a historical interpretation of the content of the fiduciary relationship, which
the authors consider to be key for the management of assets in the financial
market. Thus, the classical fiducia did not represent the appreciation of the
entrusted property, but the securing of the claim. In the second part of the
paper, the subject of the analysis will be selected issues of regulation of some
banking contracts and investment service contracts and the possibility of
introducing negative interest rates on bank deposits.
Key words: financial
services contract, asset management, interest
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
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