CAUTION - OVERDRAFT!

Abstract

In focus of the present article there are interesting both with theoretical, and from the practical point of view questions of interpretation of the concept «overdraft» and legitimacy of granting an overdraft by credit institution to the client for repayment of obligations under executive documents The specified problem has arisen because the current legislation doesn’t contain the direct ban on execution of the requirement for the court order, including at the expense of proceeds of credit of the debtor. Authors recommend to provide in the agreement on granting an overdraft those payments which can be made at the expense of the provided overdraft and also the bans on overdrafts according to settlement documents of the third parties, etc. On this way there is, in particular, the European legislator when in item 5. Art. 10 of the Directive No. 2008/48/EU of the European Parliament and the Council of the European Union «About contracts of consumer crediting and cancellation of the Directive of the EU Council 87/102/EEC» (it is accepted in Strasbourg on April 23, 2008) fixes that in a case in case of the conclusion of the credit agreement in the form of an overdraft in him (among other conditions) information on the payments made from the moment of the conclusion of the credit agreement has to be established «and if it is applicable, conditions under which these payments can be made».