Bank deposit agreement: rights of depositors and obligations of banks
Year: 2025
Type: article
Abstract: The article is devoted to an in-depth analysis of the legal nature of the bank deposit agreement, its significance in the legal regulation of relationships between depositors and banks, as well as the practical aspects of the implementation of rights and obligations by the parties. Special attention is paid to the rights of depositors, including the right to deposit return, receipt of accrued interest, and adequate protection in case of a bank’s violation of the agreement terms or legislation. Mechanisms for guaranteeing individual deposits, the role of state institutions in ensuring these guarantees, and the impact of financial monitoring on the observance of depositors’ rights are examined. Particular focus is placed on the obligations of banks, including the timely fulfillment of contractual obligations, accurate calculation of interest under agreed conditions, provision of complete and transparent information to clients about the agreement terms, compliance with financial security standards, and adherence to the requirements of current legislation. The article includes an extensive analysis of the legal framework governing bank deposits in Ukraine, emphasizing the crucial role of the National Bank of Ukraine in setting standards and regulations for banking institutions. Additionally, key aspects of judicial practice are considered, highlighting the most common disputes between banks and depositors, such as early deposit returns, unilateral changes to contract terms, inadequate client notifications about risks, and banks’ failure to meet their obligations. Special attention is given to legal tools aimed at protecting depositors’ rights in cases of bank insolvency, as well as an analysis of the effectiveness of the deposit guarantee system for individuals in the context of modern challenges. The article also provides recommendations for depositors on minimizing risks associated with signing bank deposit agreements and practical advice on how to act in the event of disputes with banks. Furthermore, the material will be useful for lawyers specializing in banking law and for financial sector employees seeking to improve their professional activities. This article will help deepen the understanding of the legal nature of bank deposits, assess potential risks associated with their conclusion, and identify ways to resolve legal issues arising in the banking sector.
Author: D. S. Shemet
Institution: Yaroslav Mudryi National Law University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4408943611