Collection of case studies on the subject "Banking" Code (PD 93)
March 22, 2007 citizen K., and CB "Rus-money" entered into a contract of bank demand deposit in the amount of 100 thousand rubles. According to the agreement the bank opened in the name of the citizen K. account in Russian rubles and pledged to annually calculate the depositor interest on the balance in the account at the rate of 0.5% per annum; accept contributions from investors and third parties, both in cash and non-cash form; upon demand of the depositor to repay in the accounts or part; on behalf of the investor to carry out transactions on the account provided by the current legislation of the Russian Federation. Parties determined that the treaty enters into force upon signature, valid for one year and is automatically extended for a further year if neither party declares its dissolution.
March 27, 2007 the Central Bank of the Russian Federation withdrew from the CB "Rus-money" license to conduct banking operations and appointed a temporary administration on bank management.
29 March 2007 citizen K. appealed to the bank with a demand to give out funds in his personal account, but he was denied on the grounds that the Bank of Russia proper order forbade CB "Rus-money" to carry out any operations on deposits.
30marta 2007 citizen K. appealed to the court of general jurisdiction with the claim to the CB "Rus-money" to protect the rights of consumers. The plaintiff asked to restore his rights by invalidating the order the Central Bank to revoke the license, the confession by unlawful purpose and activities of the interim administration, laying a duty on the defendant for the interest for use of funds, and grant him the required amount, and to pay him compensation for moral damages in the amount of 50,000 rubles. Simultaneously with the claim citizen K. filed a motion for the adoption of provisional or protective measures, namely to suspend the order of the Central Bank to revoke the license of CB Rus-money "and the appointment of an interim administration.
Court demands citizen K. met. Give a legal assessment of the actions of the parties. Correct any decision by the court to satisfy the claim of a citizen K.? How can this situation be resolved? Explain your answer.
January 19, 2007 between the Company CB "Rus-money" (the bank) and LLC "Promservis" (company) have a bank account, in accordance with the terms of which the bank opens the account of the public with the issue of a checkbook and provides comprehensive cash management customer service. January 22, 2007 between the Bank and the cooperative "Commune" (the borrower) concluded a loan agreement, under which the Bank undertakes to provide to the borrower of 200,000 rubles maturing on 1 March 2007, the fee for the use of credit in the amount of 25% per annum. The enforcement of the obligations of the cooperative "Commune" under the loan agreement and the Bank Ltd. "Promservis" (guarantor) February 26, 2007 entered into a guarantee agreement according to which the Guarantor guarantees repayment of the loan in the amount of 150,000 rubles. Under the agreement, in case of default by the borrower of its obligations under the credit agreement, the creditor (the bank) has the right to write off from the settlement account of the guarantor (society) the relevant amount without further authorization. February 28, 2007 the Bank has carried out banking operation to transfer funds in the amount of 150,000 rubles from the account of "Promservis" to the loan account of the cooperative in the partial repayment of the loan.
March 7, 2007 decision of the Arbitration Court of the bank was declared insolvent (bankrupt), against him entered bankruptcy proceedings.
March 26, 2007 the bankruptcy trustee appealed to the arbitration court for recognition on the bas
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