RESPONSIBILITY
FOR BREACH OF OBLIGATIONS
UNDER A BANK ACCOUNT AGREEMENT
(Selected Comments for Chapter 45 of the Civil Code
of the Russian Federation)

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S.V. SARBASH,
Doctor of Legal Sciences,
Head of the Department of the Alexeev Private Law Research Centre
under the President of the Russian Federation

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DOI: 10.24031/1992-2043-2018-18-5-50-83

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The reform of financial transactions has raised new questions for science and practice.
One of the most common contracts in this area is a bank account agreement. Judicial
practice testifies to a large number of disputes related to a bank account agreement,
including liability for its violation, mainly by the bank. The article discusses the legal
nature of the respective types of responsibility of the bank, the ratio of obligations of
the bank, established by the Civil Code of the Russian Federation and the Law on the
National Payment System. The author analyzes the ways of protecting the violated rights
of the client, the peculiarities of responsibility for the public deposit account.

Keywords: bank account agreement; bank liability under a bank account agreement;
consequences of ordering by an unauthorized person; judicial practice on the
responsibility of the bank; account recovery and liability; legal penalty; ways to protect
violated client rights; public deposit account.

Information about the author

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Sarbash S.V. (Moscow) – Doctor of Legal Sciences, Head of the Department of
the Alexeev Private Law Research Centre under the President of the Russian Federation
(103132, Moscow, Ilyinka St., 8, bldg. 2; e-mail: ssarbash@ya.ru).

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