BANKING DEPOSIT OF FUNDS ACCORDING TO THE NEW CIVIL CODE (English version)

For the first time in the Romanian law, the contract of banking deposit of funds is experiencing a concrete substantial regulation, namely the new Civil Code, together with the other contracts of a banking nature. The features of banking contracts, which are mainly represented by technicality, informatization, deregulation, “publicization”, insurance and a governed character, have left their own effect upon the new regulation, which is synthesized in only one article – article 2191 – and which is insufficient in comparison with the complexity of the legal act in question. The current work shall be analyzing on the one hand the legal identity of the contract of banking deposit of funds, stressing its feature of irregular deposit, which is nonetheless governed by the rules applicable to consumption loans, while on the other hand it shall be dealing with the legal content of such a contract – contractual rights and obligations, but also legal rights and obligations (ope legis). From the perspective of the new regulations, there shall be established both the continuity elements and the innovative ones in relation to the contract subject to analysis. Still, for a complete approach of the legal content, the current work shall take as point of reference, any time there will be necessary, the banking regulations or practices connected to the field, at least when it comes to guaranteeing the restitution of the deposited amounts of money, an aspect regulated including by the community law. In the end, the readers of the work will be able to understand that the provisions of the new Civil Code represent only the general legal ground of the contract of banking deposit of funds.