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3(91) 2016
E.Yu. Kovalenko
Ensuring the Rights and Legitimate Interests of the Monetary Obligations Participants in the Light of Reforming of the Civil Legislation of the Russian Federation
This article analyzes the norms of the modern civil legislation of the Russian Federation, aimed at regulating the monetary obligations. Consideration is given to the novels of the Civil Code of the Russia Federation, ensuring the rights and legitimate interests of the participants of these commitments, which could be presented in the form of a certain system, where each unit ensures the interests of people at a certain stage of development of the civil relation: 1) pre-contractual; 2) the conclusion of the contract; 3) the performance of the contract; 4) non-performance or improper performance of the contract. Resulting from the conducted research the author formulates additional measures of the adequate protection of customers of financial institutions, as the weaker party in creditor-debtor relationship: 1) to set the obligations for the financial institutions to provide complete and necessary information regarding the client of financial services; 2) to establish the requirement of clear and understandable for the client terms of contracts developed by financial institutions; 3) to include into the special law additional sanctions for non-performance or improper performance of contractual obligations, including money obligations.
DOI 10.14258/izvasu(2016)3-19
Key words: civil law, financial obligations, payments, financial transactions, the rights and legitimate , interests of participants liabilities, legal security, the protection of rights and interests and responsibility
Full text at PDF, 649Kb. Language: Russian.
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