Civil law. Part II. Concept, characteristics, elements and types of loan agreement (the most important)

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Civil law. Part II. Concept, characteristics, elements and types of loan agreement (the most important)

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78. CONCEPT, CHARACTERISTICS, ELEMENTS AND TYPES OF LOAN AGREEMENT

On loan agreement one side (lender) transfers ownership to another party (to the borrower) money or other things defined by generic characteristics, and the borrower undertakes to return to the lender the same amount of money (loan amount) or an equal number of other things of the same kind and quality received by him (paragraph 1 of article 807 of the Civil Code).

Characteristics of the loan agreement: it is real, one-sided, can be both paid and free of charge.

The contract is considered concluded from the moment of transfer of money or other things (clause 1 of article 807 of the Civil Code). The unilateral nature of the contract is expressed in the fact that the borrower creates only debt for himself by concluding the contract, and the lender always receives the right to claim.

The subject loan agreements are money or other things defined by generic characteristics, foreign currency and currency values can be the subject of a loan agreement on the territories of the Russian Federation in compliance with the rules of Art. 140, 141 and 317 of the Civil Code (clause 2 of article 807 of the Civil Code).

By the parties loan agreement are the lender and the borrower. Any subjects of civil law can act as a lender, as well as a borrower. The borrower can be the Russian Federation and its subjects (clause 1 of article 817 of the Civil Code).

Form loan agreements - written, if its amount exceeds at least 10 times the minimum wage established by law, and in the case when the lender is a legal entity - regardless of the amount (clause 1 of article 808 of the Civil Code).

In confirmation of the conclusion of the loan agreement, the borrower issues a receipt or other document certifying the transfer of a certain amount of money or a certain number of things by the lender to him (clause 2 of article 808 of the Civil Code). Other documents may be securities - a bill of exchange (Article 815 of the Civil Code) or a bond (Article 816 of the Civil Code).

Procedure and term the return by the borrower of the loan amount to the lender is determined by the agreement (paragraph 1 of article 810 of the Civil Code).

Types of loan agreement:

▪ targeted loan (Article 814 of the Civil Code);

▪ government loan (Article 817 of the Civil Code).

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