Bank does not have obligation to compensate the moral damage in the event failure to return the deposit

An interesting legal position was expressed by the Supreme Court of  Ukraine  in case number 6-1790tss15 on the claim of the depositor to the bank for compensation of moral damage.

The Chamber of Civil Cases has come to the conclusion that under the deposit agreement the bank acquires ownership of the funds placed on deposit. Therefore, any misconduct on funds that are on bank deposits of individuals is unlawful actions regarding the bank and pull liability for illegal actions on the property of a legal entity, not the investor.

The Court notes that since no applicable law or agreement concluded between the investor and the bank does not provide the right to compensation for moral damage because of failure to return the deposit, conclusions of the courts of previous instances to dismiss the claim of depositor compensation for moral damage of these reasons are correct.

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