SUBJECTS OF LEGAL RELATIONS IN THE SPHERE OF CREDITING IN FOREIGN CURRENCY

Економіка та право

S.A. Syrovatkin¹ 

[1] Institute of Economic and Legal Researches of the NAS of Ukraine;

关键词: lender;    borrower;    loan agreement;    foreign currency lending;    consumer lending;    currency fixing agreement;   

DOI  :  10.15407/econlaw.2018.02.056

来源: DOAJ

【 摘 要 】

The article is devoted to the exploration of the features of the subject structure of legal relations in the field of lending in foreign currency. The general theoretical questions of the subject structure of legal relations connected with consumer lending in fo reign currency are investigating, as well as categorical differentiation of legal relations by the subject structure, which is considered in inseparable interrelation with the relevant judicial practice. The article focuses on changes in the Ukrainian legislation regarding to the rights of some legal entities in the field of lending and obtaining consumer loans in foreign currency on the territory of Ukraine. Particular attention is paid to the requirements of banks as lenders in foreign currency. The article makes comments on the need to improve the legislation on the subject structure of credit relations specified in the current Economic Code of Ukraine, namely, to clarify the definition of «financial institutions». The author concludes that the parties, entering into mutual agreement in the credit relationship, regulate their interrelations in a dispositive order, as repeatedly indicated by the legislator. Special attention in the article is paid to the banks, as subjects of credit relations and to the licensing of their activities. The features of licensing classifications, which are provided to banks according to the type of banking and other financial services are exploring. It is concluded that, as of today, the operation of providing by banks the loans in foreign currency does not require an individual license for this reason.

【 授权许可】

Unknown