Bank Contracts in Albanian Legislation, Legal and Practical Issues in this Field

2016 ◽  
Vol 3 (1) ◽  
pp. 122
Author(s):  
Ardvin Kraja

Banks perform an economic activity that is based on principles similar to those of an ordinary business. Banking activity includes the acceptance of deposits of individuals, firms, etc. As a result of the major needs and demands of the economy, household credit, with pertaining high interest rates, the banking sector dynamics experienced a high development. This progress has emerged since the establishment of relations between these banks and individuals by creating a particular system of rights as the law of banking, the focus of which is in the relationship between banks and customers. This kind of relationship is focused on banking contract. Various problems that have emerged from the effect of agreements between parties have brought the need for rating this field of law. Except the provisions provided in the Civil Code about the banking contract, specific laws for the regulation of this relation were approved. As instance could be mentioned the Law on Banks in the Republic of Albania and the normative framework that addresses the whole activity of banks in the territory, upon which the Albanian state has sovereignty. Specific treatment is required about the relations of banks with the customers, where may arise major legal and economic difficulties, because banks are major monetary formations

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.


2013 ◽  
Vol 8 (2) ◽  
Author(s):  
Sanyoto Sanyoto ◽  
Antonius Sidik Maryono ◽  
Rahadi Wasi Bintoro

The growth of technological Progress make the change of pattern in  the socialize human life, and it can conduct the economic activity in the local scale, regional and also global. In the individual assocciation by using internet technology will take the relation pattern between individual which it is unlike what that happened in the real world. By the existence of internet, contractual terms between subject of law and each other without meeting (face to face), even it is enabled for subject of law not to recognizing each other. During the people conducting activity in the illusory world, especially in the private law, like commerce, agreement and also banking activity, it is enabled to take a problems such as performed in the conventional private relationship. If the consumer internet in the private activity feel their private rights are impinged and they are wish to claim their rights, so there is civil conflict.  The relationship between the individual in the transaction using internet not yet arrange peculiarly in law and regulation. But judge have to find the law and also create the law if he confronted with a dispute in the transaction using internet. Kata kunci : hakim, hukum, internet, perdagangan elektronik, tanda tangan digital


Author(s):  
Fakhri Fuad Murshudli ◽  
◽  
Muslum Mursal Mursalov ◽  

The article examines the experience of the Republic of Azerbaijan (RA) in anti-crisis regulation of the banking sector. The author reveals the current state of the banking system of RA. Its development is monitored from three time perspectives – on the eve of the crisis (2005-2007), in the crisis (2008-2009) and post-crisis periods (2010-2020). The characteristics and features of each of them are revealed. The conceptual essence of the definition of “anti-crisis management” is revealed. The factors contributing to the study of anti-crisis management (regulation) of banking activity as an independent field of scientific research, as well as the distinctive features of its methods and tools are highlighted. The article analyzes the impact of anti-crisis regulation on the banking system of RA in the context of the global economic crisis, as well as anti-crisis measures taken by the country’s monetary authorities at various stages of the modern financial collapse. The authors concluded that these measures are inconsistent, and that it is necessary to further improve regulation and supervision in this area, aimed at achieving high financial stability of the banking system, primarily due to an adequate level of capitalization, optimal indicators of financial reserves and liquidity.


2015 ◽  
Vol 62 (2) ◽  
pp. 208-221
Author(s):  
Elena Naumovska ◽  
Kiril Jovanovski ◽  
Gorgji Gockov

Abstract The subject of this paper is the way in which the banking sector in Macedonia contributes to the economic growth by performing five basic functions: savings mobilization, risk diversification, resource allocation, corporate control and easing exchange. The basic purpose of this paper is, through assessment of the relative importance of each of the functions of the banking sector and analysis of the relationship existing between the banking sector intermediation and economic growth (as measured by GDP) to investigate the impact of the banking sector on the real sector performance in the Macedonia. According to the obtained results the paper provides conclusions for opportunities and directions for increasing the efficiency of the banking sector in the Republic of Macedonia.


2012 ◽  
Vol 12 (1) ◽  
Author(s):  
Muhammad Fauzan

The relationship between the Supreme Court by the Judicial Commission in the Republic of Indonesia system is not harmonious, this is due to the first, the disharmony between the law on judicial power, including the law on Judicial Power, the law on the Supreme Court, the law on Constitutional Court and the law on the Judicial Commission. Both of the leadership character that exist in the Supreme Court and the Judicial Commission were too emphasizes in ego that one sector feel more superior than the others. To create a harmonious relationship between Supreme Court and Judicial Commission can be done by establishing intensive communication between both of them and by improvement in legislation. Keywords : relation, Supreme Court, Judicial Commission   


2021 ◽  
Vol 67 (1) ◽  
pp. 13-22
Author(s):  
Biljana Jovković ◽  
Aleksandra S. Vasić ◽  
Jasmina Bogićević

Abstract Dividend policy is one of the most controversial areas of corporate finance. The paper presents the results of the research in the banking sector of the Republic of Serbia. The specific characteristics of the financial sector make the research on dividend policy determinants additionally complex. This study aims to determine the factors of dividend policy in the Serbian banking sector in the period 2009–2018. The model of random effects was chosen to test the relationship between dividend determinants and dividend payout. Empirical results show that previous years’ dividends have a significant positive effect on dividend policy. Individual investors can benefit from the research to a great extent, as well as bank managers, when creating dividend policies that would contribute to maximising profit and satisfying the needs of employees and shareholders in the long run.


Author(s):  
Eva Eraković

For qualitative analysis of the effect of specific activities, such as banking, on other movements in this sector, precise measuring is needed. Due to the transformation of the banking sector in the Republic of Serbia, in a relatively short period of time, there has been a significant reduction in the number of banks and in increasing the concentration. On the other hand, the business efficiency has become a key factor for the survival of banks in the market. In this study, the concentration was measured by Herfindahl-HirschamIndex, while the degree of efficiency was determined by cost to income ratio. A linear correlation and regression analysis examined the relationship between the degree of concentration and the level of efficiency of Serbian banking sector in the time interval from 2008 to 2015, which confirmed the existence of a strong relationship between these variables.


2022 ◽  
Vol 158 (1) ◽  
Author(s):  
Peter Kugler ◽  
Samuel Reynard

AbstractThis paper characterizes the relationship between monetary aggregates, inflation and economic activity in Switzerland since the mid-1970s. Traditional forms of money demand and quantity theory relationships have remained stable over the whole period. Broad money excesses over trend values, accounting for a secular decline in interest rates and thus in trend velocity, have been followed by persistently higher inflation and output with the usual monetary policy transmission lags. Money and exchange rate fluctuations can explain the major inflation developments in Switzerland over the past four decades.


Teisė ◽  
2020 ◽  
Vol 115 ◽  
pp. 70-85
Author(s):  
Edvinas Bakanauskas

The present article analyses the concept of a parent and a subsidiary company as defined in Article 5 of the Law on Companies of the Republic of Lithuania. The article also examines the relationship between companies, the concept of control, evaluates concept of parent company and subsidiary in the context of European Model Company Act (EMCA).


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