Ekonomiczne Problemy Usług (Dec 2018)

Uwarunkowania prawne dotyczące rachunku wspólnego jednostek samorządu terytorialnego

  • Zbigniew Ofiarski

Journal volume & issue
Vol. 133

Abstract

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A joint account is a special type of bank account and can be run for local government units. It is not widely available in the offer of banks for all companies though. In connection with this, the hypothesis has been positively verified on the constraints subjectively and objectively delineated by the legislator, the aim of which is to encourage cooperation between the local government units in the field of implementation of public tasks, and in particular in the more effective use of European funds. Limitations imposed by the legislator on opening and conducting joint accounts for the local government units result in a modification of the structure of the bank account agreement adopted in the Civil Code. These findings were made on the basis of analysis and evaluation of banking law acts, including those created at the level of banks (in particular banking regulations and general contract terms), as well as court decisions and the doctrine of banking law and local self-government law regarding the rules and procedure of opening and conducting joint accounts for the local government units. The paper uses the dogmatic method (as the basic method) and, additionally, the empirical and analytical method (in particular with reference to the offer of banks in the area of joint accounts established for the local government units)

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