Identifying conceptual gaps in the concept of natural personhood in the banking and credit system of Tajikistan

Law Institute of the Peoples’ Friendship University of Russia 6, Miklukho-Maklaya str., 117198 Moscow, Russia

^* Corresponding author: opyataeva@gmail.com

Abstract

The question around the subject of bank credit has always been in the view of legal jurisprudence and doctrine. One of these issues is that the legal personality of a natural person in banking-credit relations is devoid of comprehensive scientific and legal study. This emphasizes the necessity of further research into the issue. This article is devoted to the participation of natural persons in the banking-credit obligations of the Republic of Tajikistan. It also provides an overview of the reality of the existence of natural persons as a subject of civil law obligations. It also investigates the relationship between the concepts of «natural person» and «citizen». It analyzes the essence of a natural person as a participant in banking-credit obligations, and combines the analysis results in order to define the characteristics of the subject. This article considers a natural person as a participant in all civil law relations, then as a participant in banking-credit obligations. Within the study framework, the use of the term «natural person» is suggested instead of the incorrect term «citizen». This article is also the first to investigate the constituent elements of the legal personality of a natural person in banking-credit obligations. It discusses the issue of the legal personality of natural persons as a participant in banking-credit obligations, clarifies the concept of legal capacity, and qualifies certain categories of the active legal capacity of natural persons. Moreover, it also describes the types of bank credit with the participation of natural persons in two main groups.