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The Legal Status of Juveniles in the Sphere of Banking Activities (Problems of Theory and Practice)

https://doi.org/10.25205/2542-0410-2021-17-1-73-81

Abstract

The article is devoted to the problems of minors' rights to enter into credit agreements and Bank Deposit agreements, as well as their solution in banking and judicial practice. The purpose of the study is to identify the maximum opportunities and limits for minors to exercise their subjective civil rights in the field of banking within the framework of their constitutional and civil legal capacity. A number of proposals are being made to improve civil and family legislation, as well as legislation on guardianship and guardianship. In particular, it is proposed amend parts 2 and 4 article 26 of the civil code, minors to provide entrepreneurs the right to independently make transactions related to business activities because of its state registration was made with the consent of their legal representatives. In part 4 of this article, it is proposed to indicate that the restriction of legal capacity also applies to the disposal of deposits in credit institutions made by minors in their own name. It is proposed to make additions to article 60 of the RF IC and art. 19 of the Federal law “on guardianship and guardianship”, specify the legal regime of the part of alimony that the payer has the right to transfer to an account opened in the name of a minor recipient of alimony, provide for circumstances in which the contribution can be issued in full or in part with the permission of the guardianship and guardianship authorities until the recipient of alimony reaches the age of majority.

About the Authors

A. M. Rabets
Tomsk State University
Russian Federation


M. A. Khvatova
Bauman Moscow State Technical University
Russian Federation


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For citations:


Rabets A.M., Khvatova M.A. The Legal Status of Juveniles in the Sphere of Banking Activities (Problems of Theory and Practice). Juridical science and practice. 2021;17(1):73-81. (In Russ.) https://doi.org/10.25205/2542-0410-2021-17-1-73-81

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ISSN 2542-0410 (Print)