Description:

The article is devoted to the study of the concept of obligations on non-cash settlements as one of the key elements of the civil law institute of non-cash settlements in a market economy. The author examines various interpretations and definitions of the concept of non-cash settlements existing in the legal doctrine. The author notes both advantages and shortcomings of the definition of non-cash settlements in the doctrine of law, given by various researchers and specialists. The review of legal doctrine, as well as legislation gives the author the basis to conclude that the legal doctrine to date lacks a comprehensive and complete definition of non-cash settlements. The author proceeds from the fact that in the legal sphere all definitions and concepts should have the character of formal certainty and be precise and clear. Indeed, the key importance of legal definitions is to legally formalize and regulate the public will. When considering the legal nature of non-cash settlements, the author notes that non-cash settlements are also characteristic to other branches of the national law system. Therefore, depending on this circumstance, the legal definition of this concept may also change. The author restricts the scope of his research to the formulation of civil law definition of non-cash settlements. He notes that in order to define a scientific definition of non-cash settlements in civil law, first of all it is necessary to determine its main features and characteristics. The author attributes such features. These are the existence of a special subject composition (banks and other credit organizations); the possibility of non-cash settlements with or without opening bank accounts; realization of non-cash settlements in accordance with the requirements of the legislation. The author offers his system of the main features of non-cash settlements. Based on the carried out analysis the author gives his own scientific definition of noncash settlements in the civil legal system of Azerbaijan.