Some features of financial contracts under the laws of the Republic of Kazakhstan and the Russian Federation

МРНТИ 06.73.51                                                                                    №2 (2020г.)

 

GavrilovV.N., Zherebkova T.E., Kudashev   R.K.

 

The article considers the norms of the Civil Code of the Russian Federation and the Civil Code of the Republic of Kazakhstan, which govern the
provision of financial services. The purpose of the work is to develop proposals for the development of financial agreements in Russia, in particular a banking service agreement, an escrow account agreement, as well as financing against the assignment of a monetary claim (factoring). This research work is based on an analysis of the civil legislation of Russia and Kazakhstan, and also contains a comparison with a number of other foreign legal orders: the USA, countries of the European Union (Austria, Germany, France), and Moldova. As a result of the study, some features have been singled out to consolidate the concept of “financial service”, reasonable proposals were prepared for introducing general provisions governing banking services into the Civil Code to permit the opening of escrow accounts by financial organizations, and also highlighted the advantages of converging a financing agreement against the assignment of a monetary claim (factoring) with international law.
Keywords: financial service, financial contract, banking, escrow account, civil code.

 

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