Unlike the contract of a bank deposit the contents of the obligation of bank under the contract of the bank account aren't limited to delivery of means from the account on request of the client, and include also obligations of bank on transfer of money from the account and to carrying out other transactions of the account on the basis of orders of the owner of the account.
In this regard the settlement transactions which are carried out by bank on the basis of settlement documents (payment and collection orders, payment requirements), represented by the owner of the account, and in the cases provided by the law or the contract, - authorized state authorities or contractors of the owner of the account, aren't considered as independent contracts or unilateral transactions (as it quite often takes place in legal literature), and admit bank actions on execution of the obligations following directly from the contract of the bank account.
As a whole the being of the mechanism of bank (non-cash) calculations consists that the rights of the requirement of the payer to bank serving it in the volume defined by the listed sum of money, pass to the recipient of money in the form of the rights of the requirement to bank - to the contractor of the recipient of means under the contract of the bank account.
Such moving of non-cash money according to bank accounts, i.e. transition of the rights of the requirement of the payer to bank with their transformation in the requirement to the bank serving the recipient of money (and so, with indispensable transfer of a duty), differs from an all-civil concession of the rights of the requirement (cession) and represents a special case of transition of the rights of the creditor to other person on the basis of the law to what (the special law) and should admit standards of the Civil Code, and also the corresponding bank rules about clearing settlements rather.
At implementation of settlement transactions on the cash or clearing settlement observance from outside as banks and physical and legal entities assumed according to conditions obligations is necessary. Thus the bank party assumes implementation of the analysis of solvency and according to it forms and establishes the credit policy. Bank guarantees can serve for all comers to conclude the bargain, or to make a number of operations (letters of credit, calculations by checks) pledge of successful and stable work in this sphere.
In this regard the settlement transactions which are carried out by bank on the basis of settlement documents (payment and collection orders, payment requirements), represented by the owner of the account, and in the cases provided by the law or the contract, - authorized state authorities or contractors of the owner of the account, aren't considered as independent contracts or unilateral transactions (as it quite often takes place in legal literature), and admit bank actions on execution of the obligations following directly from the contract of the bank account.
As a whole the being of the mechanism of bank (non-cash) calculations consists that the rights of the requirement of the payer to bank serving it in the volume defined by the listed sum of money, pass to the recipient of money in the form of the rights of the requirement to bank - to the contractor of the recipient of means under the contract of the bank account.
Such moving of non-cash money according to bank accounts, i.e. transition of the rights of the requirement of the payer to bank with their transformation in the requirement to the bank serving the recipient of money (and so, with indispensable transfer of a duty), differs from an all-civil concession of the rights of the requirement (cession) and represents a special case of transition of the rights of the creditor to other person on the basis of the law to what (the special law) and should admit standards of the Civil Code, and also the corresponding bank rules about clearing settlements rather.
At implementation of settlement transactions on the cash or clearing settlement observance from outside as banks and physical and legal entities assumed according to conditions obligations is necessary. Thus the bank party assumes implementation of the analysis of solvency and according to it forms and establishes the credit policy. Bank guarantees can serve for all comers to conclude the bargain, or to make a number of operations (letters of credit, calculations by checks) pledge of successful and stable work in this sphere.
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