Civil law. Part II. Loan agreement (most important)

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Civil law. Part II. Loan agreement (most important)

Lecture notes, cheat sheets

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80. LOAN AGREEMENT

On loan agreement bank or other credit organization (creditor) undertake to provide funds (credit) to the borrower in the amount and on the terms stipulated by the agreement, and the borrower undertakes to return the received amount of money and pay interest on it (clause 1 of article 819 of the Civil Code).

Characteristics of the loan agreement: consensual, bilaterally binding, reimbursable.

The subject loan agreement can only be cash.

By the parties loan agreement are creditor (bank or other credit institution) licensed by the Bank of Russia for all or certain banking operations, and borrowerreceiving funds for business or consumer purposes.

Form loan agreement - written (Article 820 of the Civil Code).

Period credit agreement can be short-term (up to one year) and long-term (more than one year).

Powers of the parties loan agreement are similar to the powers of the parties to the loan agreement.

The lender has the right to refuse to provide the borrower with the loan provided for by the loan agreement in whole or in part if there are circumstances that clearly indicate that the amount provided to the borrower will not be returned on time (clause 1 of article 821 of the Civil Code).

The borrower has the right to refuse to receive a loan in whole or in part, notifying the lender about this before the deadline for its provision established by the agreement, unless otherwise provided by law, other legal acts or a loan agreement (clause 2 of article 821 of the Civil Code).

Types of loan agreement: commodity and commercial.

Commodity credit such a loan agreement is called, which provides for the obligation of one party to provide the other party with things defined by generic characteristics (Article 822 of the Civil Code).

Characteristics of the commodity loan agreement: it is consensual, bilaterally binding, reimbursable.

The subject commodity credit agreements are such goods as agricultural products, semi-finished products, raw materials, fuels and lubricants, etc.

A feature of the commodity loan agreement is that it is subject to the rules governing the sale and purchase agreement, unless otherwise provided by the commodity loan agreement (Article 822 of the Civil Code).

By the parties Commodity credit agreements can be any subjects of civil law.

Form trade credit agreements - written.

RџSЂRё commercial loan the contract includes a condition by virtue of which one party grants the other party a deferral or installment plan for the performance of any obligation (to pay money or transfer property, perform work or services) (clause 1 of article 823 of the Civil Code). For example, the sale of durable goods to citizens on credit.

The rules on a loan or credit are applied to the condition of a commercial loan, unless otherwise provided by the agreement (clause 2 of article 823 of the Civil Code).

<< Back: Rights and obligations of the parties under the loan agreement

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