Pay with:
i agree with "Terms for Customers"
Sold: 3
Refunds: 0

Uploaded: 10.10.2013
Content: 1.zip (98,56 kB)


Question 1. In the work "Money and liabilities in civil law" (ed. In 1927), LA Luntz said that "a key element of the legal doctrine of the money is: the distinction of two concepts: 1) the general concept of money, for the law and economics, and 2) the concept of money in a special legal sense." This special legal meaning opens representation of money "as a subject which is assigned by law to the ability to serve as a means of repayment obligations in all cases of impossibility of performance, does not relieve the debtor."
What arguments led LA Luntz in support of their position? What is the modern Russian law have views of LA Lunz on the issue of money and circulation of money? Which point of view do you practice? Explain your answer, please give examples.

Question 2. In the late 70s of the XX century. Money lost contact with the precious metals. Failure to bind to the gold standard actually disconnected world of money with the material world. Failure to correlate with a currency value, which is a unit of the precious metal, and turning it into a piece of paper with no real use value than the one to be recognized by the unit of exchange, finally turned the money in the value of an abstract idea, a symbol of value.
What is this fact had for the further development of the monetary system and, accordingly, for the development of banking law? Why the interest in the revival of the gold standard periodically renewed? Explain your answer, please give examples.

Q3 domestic legal doctrine (as, indeed, and practices) characterizes a rather complex attitude toward non-cash money. Some authors, for example, believe that "the concept of" bank money "- an economic category, but not legal. Such an approach to the understanding of the money due to the fact that "non-cash payments do not involve the actual transfer of money from the bank of the payer to the payee, limited only by changing the entries for the bank accounts of the payer, recipient and serving their banks." Other authors (eg, LA Novoselov) recognize the cash in a bank account separate object of civil rights, and non-cash means of acting as a special kind of incorporeal property, a feature of which is expressed in the assignment of the property - to act as a means of payment.
Which point of view do you think is most true, and why? In which case (cash and (or) non-cash circulation of money) is an element of fiction? What is the expression of the idea of \u200b\u200bfiction found in legal doctrine (in terms of banking law)? Explain your answer, please give examples.

Question 4. In his book "Foundations of Banking Law: Lecture," published in 1929, MM Agarkov wrote that "... it is necessary to distinguish between three functions specific to the bank: 1) the gathering of foreign funds, 2) the provision of credit and 3) Promoting the payment transactions." Essentially above quotation is quite modern in terms of both the status of legal doctrine, and from the point of view of the current date of the legislation.
Do you agree with this statement or disagree, and why? Explain your answer, please give examples.

Question 5. As history shows, the monetary system in its modern sense developed individual initiative - changers, bankers, merchants. Through the activities of bankers changed first and then the actual banking institutions to provide real construction and maintenance of the monetary system. The activities of the state at the initial stage was reduced substantially to the recognition of actually prevailing market relations. However, further development of production and the economy has required greater state intervention in the relations connected with the circulation of money.
Identify and analyze the steps of the inclusion of the state in the system of cash

Additional information

ответы на 10 вопросов


No feedback yet.
1 month 3 months 12 months
0 0 0
0 0 0
In order to counter copyright infringement and property rights, we ask you to immediately inform us at support@plati.market the fact of such violations and to provide us with reliable information confirming your copyrights or rights of ownership. Email must contain your contact information (name, phone number, etc.)