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Zmluvy o poskytnutí finančnej služby
– 2. časť Vybrané finančnoprávne aspekty niektorých bankových zmlúv a zmlúv o
investičnej službe, možnosť zavedenia záporného úroku na bankovom vklade
(obligatórnosť výnosu pre klienta finančnej inštitúcie)
Financial services contracts – Part 2: Selected regulatory aspects of some
bank contracts and investment services contracts, the possibility of introducing
a negative interest on bank deposits (obligation of proceeds for a client of a
financial institution)
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. 6,
pp. 472 – 487.
Published online: 31.8.2021
Abstract. In the second
part of the paper, we paid attention to selected financial law aspects of the
regulation of some banking agreements that are linked to a bank account (current
account agreement, deposit account agreement). The private law regime of the
current account agreement is essential for the public law framework of the
payment account in the Payment Services Act, which presents a basis for related
financial market law institutes of basic banking product and standard payment
account. In the paper, we further analyzed the legal possibilities of
introducing a negative interest rate on bank deposits in the Slovak legal order
under the general regime of the Civil Code and particularly in the context of
regime of bank contracts linked to a bank account. The authors do not consider
negative interest to be possible under the current legal situation, although
they do not absolutely exclude it. The paper also focuses at investment contract
agreements, which include elements of asset management (contract on safe custody,
contract on depositing financial instruments, contract on portfolio management).
In addition, lists the possibilities of tradability of financial instruments on
the capital market. The authors point out the related risks in the existing
regulation of the registration of financial instruments/securities with a
securities trader, in terms of anonymization of their ownership, and at the same
time in trading outside the regulated market.
Key words: deposit
agreement, current account agreement, deposit account agreement, investment
services contracts, negative 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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