ОТНОСНО ПОНЯТИЕТО „БАНКОВА ДЕЙНОСТ“ В ЗАКОНА ЗА КРЕДИТНИТЕ ИНСТИТУЦИИ
ON THE CONCEPT OF "BANKING ACTIVITY" IN THE CREDIT INSTITUTIONS ACT

Summary/Abstract: This paper analyses the concept of "banking activity" according to the Bulgarian Credit Institutions Act. Our argument is that this concept has not subjective, but objective nature. The thesis basis originates from functional dependence between the concepts of bank, banking activity and banking supervision. The banking activity lays down at their centre, and the other two derive from it. In other words, the concept of "bank" is a derivative of the "banking activity", respectively the ''bank'' could be an entity having right of banking activity. But not every activity of the bank is a banking one. So, we must distinguish between the “banking activity” and the “activity of the bank”. In addition, the study makes difference among the banking activity and banking transactions. The banking activity has public law nature, while the banking transactions, private. The banking activity articulates the result of banking transactions, and thus its term obeys the public legal regime of banking and refers an effect activating the banking regulation and its protective nature. It could derive from various banking transactions when the entity receives deposits or other repayable funds from the public and gives credits or other financing for its own account and at its own risk.

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