LOAN.
Under contract Z. one party (the lender) transfers to the other party (the borrower) money or other things determined by generic characteristics, and the borrower undertakes to return to the lender the same amount of money or an equal number of other things received by him of the same kind and quality.
The contract is one-sided, real, it can be either paid or unpaid. It is considered concluded from the moment of transfer of money or other things.
Parties to the contract - the borrower and the lender. They can be any subjects of civil law, while observing the general norms of civil legislation on legal and legal capacity.
The subject of the contract is money or other things determined by generic characteristics. This is the difference between the contract of the Z. from the contracts of property hiring and the loan, the subject of which can be only individually certain things.
The form of the contract is written, for
Except cases when the contract is concluded between citizens and the amount of Z does not exceed ten times the minimum wage.
The term is not an essential condition of the contract. However, in the event that the contract is concluded for an indefinite period or the time for execution is determined by the moment of its demand, the law provides for such a rule, according to which in cases when the period of return by the contract is not established or determined by the demand moment, the amount H. shall be returned by the borrower within 30 days from the day the lender submits a claim for this, unless otherwise provided by the contract.
The execution of a loan transaction is possible by drawing up a receipt or other document certifying the transfer by the lender of money or interchangeable generic things. There are two types of documents that
Certify the transfer of the Z sum: these are securities - a bill and a bond.
The bond gives the right to its holder to receive nominal value and interest in relation to the nominal value.
The borrower, whose creditworthiness causes the lender to doubt, may be entrusted with the obligation to provide a return
The amount of Z.
The content of the agreement is the rights and duties of its parties. The Borrower is obliged to return to the lender the amount of Z. on time and in the manner prescribed by the contract; Pay interest in cases where return is provided in installments or in installments. The borrower has the right to challenge the contract Z. by his lack of money, proving that the money (things) are either not received, or received in a smaller amount.
Responsibility under the contract is unilateral and comes to the borrower for delay in repayment of the loan amount in the form of interest payments as a violation of the monetary obligation. Interest is payable until the day that the lender returns all amounts due.
Types of the contract: the target Z. and Z. state. Unlike the loan agreement, the ordinary contract of Z. is not targeted; Does not contain conditions for the use of funds received for certain tasks. A state contract is understood as a contract, the borrower in which is the state as a whole, and the lender is a citizen or a legal entity.
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