THE REGULATION OF THE BANKING CONTRACTS IN THE NEW CIVIL CODE
THE REGULATION OF THE BANKING CONTRACTS IN THE NEW CIVIL CODE

Summary/Abstract: Starting with the enactment of the New Civil Code have been regulated for the first time contracts and legal institutions specific to the banking activity. The new regulation even if they brought important solutions for certain problems regarded in the commercial activity and especially in the banking sector, have also raised new questions regarding especially their domain of applicability, their imperative or dispositive character or the possibility for the parties to conclude contract other than those expressly regulated. By taking into consideration the special character of the operations involving the administration of money as well as the sensitivity from a legal and especially social perspective of the ownership relation regarding money, we have focused in our analysis on the relations resulting from the contracts regulated by the chapter “the bank account and other banking contracts”.

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