Rules for issuing a loan to an individual from an individual. Loan agreement between individuals Proper loan agreement between individuals

Interest in the issues of registration of a loan agreement between individuals is due to its widespread use in everyday life. But many citizens find themselves in extremely unpleasant situations if the persons to whom they have lent money let them down. To avoid such problems, you should know how to properly arrange a cash loan.

If it is not possible to get a loan from a bank, a credit institution, it remains to take the money for use from an individual. Such relations between citizens, when one party (the lender) transfers money to the other party (the borrower), which undertakes to return them on time and on agreed terms, are called a loan agreement between individuals.

Form of agreement

Consider how to properly draw up a document on the transfer of money, what points must be provided for in it in order to ensure its trouble-free execution.

The form of the contract depends primarily on its amount. If the subject of the contract is less than ten, then you can agree on a loan and the conditions for its return orally. In all other cases, a written form is required. If desired, you can draw it up at a notary's office, but there are no such requirements in the law. In order to avoid additional material costs associated with paying for notary services, you can limit yourself to a simple written form. The judicial procedure is carried out in a simplified manner with the issuance of a court order to the lender.

Sometimes the parties draw up an agreement in the presence of witnesses who also put their signatures on it. There is no special need for this, since the fact of the transfer of money is confirmed by the very fact of the conclusion of the contract.

What is the importance of the borrower's receipt in receiving money?

The same role is played by a receipt written personally by the borrower, which indicates the exact amount of the debt, by whom and from whom it was taken (with their names and passport details), the term for its repayment and the amount of interest (if any). There are no strict requirements in the legislation for its preparation. It should be treated with all responsibility. It indisputably proves the fact of the loan. When lending an amount of more than a thousand rubles, ask the debtor to write a receipt in his own hand. This will help you avoid debt collection problems in the future.

Contract Requirements

You can draw up a loan agreement yourself, because it is not particularly difficult.

Highlights:

• full details of the parties, indicating their full names, passport details, addresses;
• the amount of the loan, indicated in numerical and verbal terms;
• method of transferring money (in cash, by crediting to a card, bank account);
• Is interest payable, and if so, how much?
• the period after which the debt must be returned;
• the procedure for the return of money, as well as the possibility of early repayment of the debt. It is possible to provide for the possibility of calculating in parts, then you should attach a schedule of calculations or simply indicate the frequency of payments (for example, monthly or quarterly);
• termination of obligations.

If new circumstances arise, additions or changes can be made to the contract by issuing them in the form of an additional agreement. It must be made in duplicate. And you should not allow corrections in it. A sample agreement can be downloaded below.

Compensation of contractual relations

A loan between citizens can be gratuitous. This means that the borrower returns, after the agreed period, to the lender exactly the amount that he took for temporary use. If the contract is concluded on such terms, then this must be indicated.

The lender has the right to receive interest from the borrower for the loan granted by him. Their sizes are established by agreement of the parties and must be prescribed in a written document. If the agreement specifies compensation without a specific amount of interest, then the refinancing rate that was in effect on the date of its conclusion (Article 809 of the Civil Code of the Russian Federation) is taken for them.

Responsibility of the parties

Drawing up a written document is of particular importance when the borrower fails to fulfill its obligations under it:

• non-return of the amount taken for use;
• repayment of a debt with interest with a delay in the agreed period.

Under such circumstances, the borrower is held liable in the form of payment of interest. Its amount is determined by the parties by mutual agreement and is charged for each day of delay. But the total amount of penalties should not be equal to or exceed the amount of the debt.

It is desirable to provide for all possible cases of violation of the terms of the agreement by the parties and liability in case of their occurrence.

Dispute Resolution

Malicious failure to fulfill the terms of the loan agreement leads to a conflict situation. by the most the best way its resolution will be a peaceful settlement of the issue. It is worth agreeing to postpone the date of repayment of the debt, reduce interest or change the method of repaying the loan. The parties may also arrange this option: instead of repaying the debt in monetary terms, the borrower provides any services or work.

If negotiations are unsuccessful, the issue is resolved in court. You need to be prepared for the fact that the judicial review of the case will not end quickly. In addition, it involves additional costs on the part of the lender: the payment of state duty and the possible services of a lawyer to draw up a claim or represent in court. Bailiffs are involved in the execution of the received court decision.

When a loan is formalized in writing (by a notary public or in simple written form), legal proceedings are carried out in a simplified manner and in a shorter time. To minimize the losses of the lender in case of violation of the agreement on the part of the borrower, only competent registration of relations for the transfer of funds in debt will help.

A loan agreement today is a special document that establishes the regime for obtaining funds in debt and their subsequent return. The process of drawing up a contract of this type has a number of different features - all of which will need to be dealt with in advance.

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Basic moments

Another important condition for concluding a contract of this type is full legal capacity. The contract must be signed in sound mind and sober memory.

It is not allowed to conclude a contract in a state of alcoholic, narcotic or other intoxication.

The same is true of physical and psychological violence. If it is proved that the contract was concluded in this way, it is recognized as completely invalid.

All other points, requirements are already established by citizens who are lenders. Usually, it is necessary to have citizenship of the Russian Federation and in the territory of the region of residence of the creditor.

This requirement is connected precisely with the peculiarities of judicial legislation in our country.

Since it will be necessary to file a claim for the return of funds precisely at the place of permanent residence of the defendant.

Where to go

Today, the execution of a loan agreement is usually carried out only within the walls of the bank.

But if the loan is targeted, mortgage, or involves the use of maternity capital, then it is imperative to visit the following institutions:

• Pension Fund of the Russian Federation;
• notary;
• the institution carrying out the assessment;
• legal consultation.

The following institutions offer the most favorable lending conditions today:

In fact, two citizens can, without much difficulty, independently draw up this type of agreement - on providing one another with a certain amount of funds for various purposes.

But it is worth contacting in advance:

1. To legal advice.
2. To the notary.

To avoid problems associated with the incorrect drafting of the agreement, it is advisable to consult with a lawyer.

Only in this way it will be possible to avoid the problems associated with the execution of the contract and the subsequent collection of funds.

Since most of the difficult situations arise precisely because of a banal misunderstanding of the terms of the agreement.

One more important point- verification of the contract by a notary. Thus, it is possible again to avoid a variety of difficult situations related to the drafting of the contract.

This official will help to avoid various difficulties related to the drafting of the agreement.

Also, the notary will confirm the accuracy of all the information that is presented in the contract.

Often there are difficulties in finding a lender who will lend enough money to solve problems. The way out of this situation is to work with special brokers.

Referring to those will simplify the process of finding a lender. There are also special credit sites where, for a certain commission, it is possible to place an ad for receiving funds on credit.

It is only important to remember that a lot of scammers work in this area.

If there are any difficulties associated with the execution of this type of loans, with the return of funds, you will need to apply to the court at the place of registration of the defendant.

Judicial practice in this regard is quite extensive and not unambiguous. Accordingly, disputes should be avoided.

Since court hearings are often delayed for a very long period of time. Sometimes up to several months.

Accordingly, the refund will be delayed. That is why the best solution would be to resolve all disputable situations in the pre-trial order. This benefits all parties – without any exceptions.

How to draw up a loan agreement

Understanding how to draw up a loan agreement between individuals at a notary is quite simple. However, there is a list of important subtleties and features.

All of them are specified in sufficient detail in the legislation. It is he who will need to give maximum amount attention.

Thus, a citizen will be able to control the observance of all his rights without outside help.

Separately, it is worth familiarizing yourself with how to conclude a loan agreement at interest between individuals.

Since in this case, the need to pay tax for the fact of the occurrence of material benefits is often implied.

The main and most significant issues include:

• the necessary conditions;
• between individuals;
• legal entities;
• private entrepreneurs;
• physical and legal persons;
• important nuances;
• the legislative framework.

The necessary conditions

An important section of the loan agreement is precisely the conditions under which the funds will be provided.

The main parameters include:

Information about the return of funds must be reflected.

This is most often required within a certain period of time. It is usually quite problematic to return the entire amount at once at once.

A special annex to the loan agreement is drawn up - which indicates the implementation of payments. It indicates the dates on which the payment must be made, as well as the amount of the transfer.

Again, it is possible to reflect penalties in the contract if a payment is missed, a penalty.

But the value of such should be reasonable, it is determined precisely by legislative norms. This issue is addressed in detail in the Civil Code of the Russian Federation.

Another important point is the interest rate.

The value of such is determined individually, by prior agreement. The amount of the loan must also be reflected in the contract.

Moreover, it is required to indicate not only the amount of the loan, but also the currency in which it was issued. This point is no less important than all other loan conditions that are reflected in this document.

Since currency fluctuations have been happening more and more lately. Accordingly, often an incorrect indication of the amount of money leads to litigation.

Many loan agreements imply. The value of this can be determined individually, it can be expressed in different forms. Most often, this is some kind of expensive property.

For example, residential or commercial real estate.

Accordingly, if the contract indicates that an apartment or something else is used as collateral and the obligations under the agreement are not fulfilled, the defendant will be obliged to transfer the pledge to pay off the debt.

But the situation is similar even in the absence of collateral. The borrower, who is an individual or an individual entrepreneur, is liable for all obligations assumed by personal property.

This moment is fixed at the legislative level. That is why the fulfillment of all its obligations will need to be treated as responsibly as possible.

This will prevent a wide variety of problems. Including the sale of real estate through the court and the subsequent withdrawal of funds.

Between individuals

The process of concluding a loan agreement between individuals is the most difficult, since such agreements are drawn up relatively infrequently. Much less common than similar, but private individuals with banks.

The standard algorithm for drawing up a loan agreement between individuals is as follows:

In the future, in the manner prescribed by the contract, the debt must be repaid. If for some reason the services of a notary cannot be used, then it is worth entrusting the writing of the agreement to the debtor.

Moreover, he must do this not on a personal computer, but with his own hand, according to the model. This will be an additional guarantee against non-return of funds.

The presence of such an agreement will allow, if necessary, to conduct a handwriting examination. This will show handwriting match.

There are also a large number of other subtleties, features - it is best to familiarize yourself with all of them even before signing the contract. This is the only way to prevent various difficult moments and problems in the future.

Separately, it is worth noting that a loan secured by an apartment or secured by a car will not be difficult. But again, it is very important to note the section relating specifically to reflection on collateral.

Legal entities

Drawing up an agreement between legal entities has the usual format. In this case, it is worth noting separately the section in which the details of this institution should be reflected.

Since the presence of errors in the name, as well as other data on the legal entity, can lead to big problems in the future. Until the contract is declared invalid.

Standard details that must be reflected include the following:

1. TIN, registration reason code.
2. Category code.
3. OKVED.
4. OKATO.
5. legal and actual address.

For private entrepreneurs

A separate point is the conclusion of this type of agreement with a private entrepreneur. In the case of drawing up an agreement with this subject of law, certain features again arise.

First of all, it is important to remember that an individual entrepreneur, like an ordinary individual, is responsible for all the obligations assumed by personal property.

Also in the details you will need to indicate data regarding registration in the USRIP.

Phys. and legal persons

A loan agreement between legal entities and individuals is most often executed. Moreover, such an agreement will be quite simple.

Since, due to extensive judicial practice, as well as other points, there are standard forms, the signing of which subsequently does not cause any difficulties for citizens.

Video: drawing up a loan agreement

Important nuances

There is an extensive list of nuances associated with the preparation of this type of contract.

The main such bases include:

The legislative framework

The main regulatory document that determines the issue of drawing up a loan agreement between individuals is precisely the Civil Code of the Russian Federation.

The very definition of this agreement is given precisely in:

Separately, it is worth noting the issue of the format of the loan agreement.

It is defined:

If a person has an urgent need for money, it is not necessary to immediately go to a bank or a credit institution. At such a moment, friends or relatives can help out. If we are talking about a small loan amount, then usually nothing is needed other than verbal agreements. And in order to receive a serious amount, it is appropriate to draw up a receipt or a loan agreement.

A debt receipt is a document guaranteeing the protection of the rights of citizens in relations where one party transfers funds for temporary use, and the other accepts them.

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According to the Civil Code, a receipt is formally issued if the borrowed amount exceeds 10 thousand rubles. If the amount is less, then it is enough to conclude an oral agreement on the timing and procedure for the return of funds. Although it is possible to draw up a written receipt regardless of the size of the loan, in the latter case it will not have legal force.

The document indicates the personal data of the borrower and lender, the amount of the loan and the interest for using the money. You need to be especially careful if the money is taken in foreign currency, since fluctuations in the exchange rate can lead to monetary losses for one of the parties. Therefore, in the receipt it will be useful to indicate the exchange rate on the day the contract is drawn up.

What and when to use

The fact of transferring money in debt can be accompanied by both a receipt and. At first glance, there is no significant difference between these documents: they indicate the amount of the transaction, the maturity of the debt and the interest rate. And there are risks in both cases.

However, there is a significant difference: the loan agreement must be certified by a notary only if a large amount is borrowed, and real estate acts as collateral.

The receipt is certified by a notary when it comes to an amount exceeding ten non-taxable minimum wages. This document can be used in court as additional evidence in a case of non-payment of a debt.

What you should pay attention to

If serious errors were made during the preparation of the receipt, then it cannot be used in court to prove one's innocence and return the money.

What you need to pay special attention to when drafting a document:

• Indication of reliable and complete information about the parties (not only full name, but also passport data). In the event of a dispute, this will help prove that it was these people who participated in the deal.
• Confirmation of the fact of the transfer of funds, indicating the exact amount of the loan. Moreover, it is important to note that the money is transferred precisely in debt, and not as a gift.
• Description of the terms of the transaction and clear terms for repayment of the debt. If the contract does not specify the terms, then the borrower undertakes to repay the debt within 30 days after the request of the creditor.
• If the subject of the agreement is a target loan, this must be indicated in the receipt. If the borrower spends money for other purposes, the creditor has the right to demand repayment of the debt ahead of time on the basis of a receipt.
• It is better to write a receipt by hand, since a document printed on a computer is difficult to identify by handwriting, looking at the signature alone.
• The document should not contain strikethroughs or corrections, especially in the area where the amount or maturity of the debt is indicated.

Important regulations

The main legislative act regulating the main aspects of creating loan agreements is Federal Law No. 353 “On Consumer Loan”. This law only covers consumer loans. Article 5 of the law sets out the conditions for issuing a loan, as well as the procedure for drawing up such a document. Article 14 contains information on liability for breach of agreements.

The rights and obligations of the parties are clearly spelled out in the Civil Code of the Russian Federation. Article 808 says that the receipt can be used as an annex to the loan agreement. And in Article 408 it is said that any of the parties may demand from the opponent a receipt on the occurrence or termination of obligations.

In some cases, it is possible to replace the loan agreement with a receipt. This option is provided for by the Resolution of the Supreme Court of the Russian Federation No. 53-ad06-2.

How to arrange

When concluding an agreement between individuals, it is important to adhere to the basic rules that guarantee the authenticity of the document in the event of litigation:

• the receipt is written only by hand;
• the body of the document contains full information about the participants in the transaction, including passport data;
• the receipt is written by the borrower;
• decoding is required near the murals (full full name);
• the amount of the transaction is written in figures and words, indicating the currency;
• you need to specify the exact terms of repayment of the debt;
• to conclude an agreement in which a large amount appears, it is better to involve witnesses (indicate their personal and passport data in the agreement);
• if the transaction involves the accrual of interest on the use of the loan, this must be reflected in the document, indicating the amount of the accrual.

The main thing is to clearly stipulate the conditions for issuing a loan and reflect this in the document being drawn up. It is important to carefully check the receipt in order to avoid mistakes, and if they occur, you need to re-create the document.

Illustrative Content Samples

The receipt is written in free form, but the essence is always approximately the same.

Example:

I, Kolontaeva Alena Gennadievna, born on August 31, 1977, passport 34 16 432156, living at the address, Moscow, Vernadsky Ave., 43, apt. 29. I borrow 15,000 (fifteen thousand) rubles from Malikov Igor Mikhailovich, born on August 15, 1970, passport 56 12 765890, residing at the address: Moscow, st. Avtozavodskaya, d. 8, apt. 12.

I undertake to repay the debt by June 25, 2017.

Signature (Kolontaeva Alena Gennadievna) / date.

The subtleties of the format of the loan receipt between individuals

Despite the apparent simplicity and transparency of the transaction, the execution of a receipt between individuals may be fraught with some nuances.

For example:

• The loan agreement is considered valid from the moment of transfer of funds. That is, if at the time of signing the contract there was a condition that the lender would issue money within a week, the borrower does not have the right to demand this amount earlier.
• The subject of the contract can be not only money, but also other things that are characterized by generic characteristics, i.e. debt can be repaid in similar ways. For example, lumber, building materials, food products.
• Under a loan agreement, you can transfer money in foreign currencies, but in this case, you need to take into account the current exchange rate.
• If the borrower has delayed the date of repayment of the money, the lender has the right to apply to the judicial authorities to recover the penalty. However, if interest for the use of funds was not indicated in the body of the contract, then it will be much more difficult to prove this fact.

Controversial nuances

Is there a guarantee

The receipt does not give a full guarantee of the return of money to the creditor. No one is immune from unforeseen situations, including the borrower. Therefore, it is better to discuss force majeure situations at the stage of concluding an agreement.

To protect yourself from non-fulfillment of the terms of the contract, it is important that the documentation is drawn up correctly, it contains all the necessary information. It would be right for the borrower to take from the lender a receipt for the receipt of money in payment of the debt.

If the borrower does not repay the debt on time, the creditor may go to court. And the court, in turn, can decide on the forced collection of debt from the debtor. The situation becomes more complicated if the borrower does not have property that can be withdrawn to pay off the debt or official work.

An additional measure in relation to the debtor may be a ban on crossing the border or the arrest of a current account.

Possible risks

The best way to protect yourself from financial losses is not to lend to anyone. Otherwise, there is always a risk that the debtor will not fulfill his promises.

Official documents in the form of a receipt or loan agreement will help the lender win the case in court. After the entry into the decision on the forced recovery of funds, the creditor is issued a copy of this document, with which he applies to the bailiff service.

But in fact, it is not always possible to return your money, for example, if the borrower does not have real opportunity pay off a debt due to lack of work or valuable property. In this case, even the court cannot influence the outcome of the case in any way.

Assurance and witnesses

In some cases, witnesses are involved in the conclusion of the loan agreement. Usually their participation is necessary when transferring large sums of money.

However, in case of hopelessness of repayment of debt under a loan agreement, testimonies will not help. They can only confirm the illegality of the actions of one of the parties during the conclusion of the transaction.

In the case of going to court, witnesses can confirm the facts and circumstances that arose in the process of signing the contract. For example: the place where the receipt was written, the persons involved in the transaction, whether the parties voluntarily came to an agreement.

The law does not provide for mandatory certification of loan agreements by a notary, this happens only at the intention of the parties. However, according to the law, it will not be possible to certify one receipt, therefore, a loan agreement with an application in the form of a receipt is certified.

Advantages and disadvantages

When concluding a loan agreement, a receipt carries both pluses and minuses:

A receipt is a tool of civil law relations that allows you to quickly receive the necessary amount of money for use. At the same time, it is a document confirming the fact of the conclusion of the transaction, and can become important evidence in court.

An interest-free loan agreement between individuals is drawn up on the basis of the provisions of the Civil Code of the Russian Federation. Its subject can be money or any valuable things, while the funds are indicated in rubles or in foreign currency. When transferring foreign currency, the contract must specify the exchange rate at which they will be returned. Usually, the official exchange rate of the Central Bank of the Russian Federation is taken into account. Today we will talk about the rules for drawing up an interest-free loan agreement, measures of responsibility for refusing to return money in a timely manner and property that cannot be taken away on account of a debt.

Based on Article 808 of the Civil Code of the Russian Federation, a loan agreement must be drawn up in writing only if the amount of money or an item of equivalent value does not exceed 10 minimum wages. One minimum wage is now equal to 100 rubles. That is, the contract is drawn up on paper, if 1000 rubles and more are transferred on credit. Usually it has a form drawn up by hand and signed personally by the debtor. What is indicated in the receipt of receipt of money?

• FULL NAME. and the debtor and the borrower, as well as their home addresses;
• the date on which the money was transferred and the place of their transfer;
• amount of money or detailed description things;
• the maximum loan term and interest for the use of money, if the loan agreement is not interest-free;
• punishment in case of late payment of the debt, for example, payment of additional interest;
• debtor's signature.

It does not always serve as the best way to secure a deal to transfer money in debt. It is best to use it for the actual return and transfer of money, and to complete the transaction itself, there is a form of an interest-free loan agreement between individuals, which does not require mandatory certification by a notary. However, certification by a notary is best done, especially when a large amount of money or a particularly valuable thing is transferred to the loan. Drawing up a receipt should be issued both with interest-free and between individuals.

Sample receipt for receiving money under a loan agreement

Interest-free loan agreement between individuals

If the text of the agreement does not explicitly state that it is interest-free, then this does not deprive the borrower of the opportunity to require the debtor to pay interest in case of delay. If the interest was not specifically mentioned in the contract, then their amount in case of delay in payment is determined at the refinancing rate of the Central Bank of the Russian Federation on the day of return. A loan agreement is recognized as interest-free if:

• the subject of the contract is not money, but things in accordance with Article 809 of the Civil Code of the Russian Federation;
• the amount of money transferred on credit does not exceed 50 minimum wages (5,000 rubles) and the contract does not involve entrepreneurial activity of one of the parties;
• The text expressly states that the contract is interest-free.

If the interest-free loan agreement between individuals does not specify in detail the period for repaying the money, then it is equal to 30 days from the moment the borrower submits claims for the return of the debt. The creditor has the right to file a lawsuit in court if the money is not returned within these 30 days.

Appealing the contract in court is greatly facilitated if it has been certified by a notary. It is the notary's office that is the guarantor of the correct conclusion of the transaction, without threats, deceit, violence or other malicious actions of one of the parties. The notary makes notes in the loan agreement that there were no obstacles to its conclusion.

Sample interest-free loan agreement between individuals

What property cannot be given away to pay off a debt?

Obligations under an interest-free loan agreement between individuals, the debtor is obliged to fulfill strictly, otherwise any of his property, except for the one indicated below, will go towards the debt by a court decision. It is indicated in Article 446 of the Civil Code of the Russian Federation:

• the only housing of the debtor and plots of land, if they are used for earnings;
• household items and personal items, including clothing;
• items needed for professional activity- only if their price does not exceed 100 minimum wages;
• agricultural buildings, livestock and seeds for sowing;
• food and money in the amount of at least 3 living wages;
• cooking fuel, wheelchair transport, and government awards.

The statute of limitations under a civil lending agreement is 3 years from the last date of repayment of the debt recorded in the document. After this time, the borrower will no longer be able to go to court. If the location of the debtor is unknown, then he can be put on the wanted list. Provided that the creditor independently pays for the search and advances them.

Video consultation of a lawyer “Disputes under interest-free loan agreements”

Often in our lives there are situations when, in order to solve life problems, it becomes necessary to urgently receive funds. This may involve acquiring expensive items such as an apartment or car, or investing in yourself, such as education. Of course, you can contact the bank, collect all the required documents and receive the required amount at a percentage determined by the terms of the contract.

But there is another way - to contact a relative, friend or acquaintance and get the same money with a minimum of formalities. It is possible that for the borrower the terms of the loan agreement concluded with a relative, friend or acquaintance will be incomparably softer than when applying to a credit institution, because the current legislation provides for the possibility of concluding an interest-free loan agreement.

You will learn about what a loan agreement is, what conditions the law imposes on this type of agreement, how to protect yourself from possible non-repayment of funds under a loan agreement and how to protect your rights in court, from this article.

The main document (legal act) regulating civil law relations arising in the territory of Russia, between individuals, between legal entities, as well as between individuals and legal entities, is the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation). Chapter 42 of the Civil Code of the Russian Federation is called "Loan and Credit" and establishes general rules for relations between the parties arising on the basis of loan and credit agreements. In this article, we will consider the legal relationship between individuals arising from a loan agreement for funds - § 1 of Chapter 42 of the Civil Code of the Russian Federation.

P. 1, Art. 807 of the Civil Code of the Russian Federation defines a loan agreement - under a loan agreement, one party (the lender) transfers money or other things defined by generic characteristics to the ownership of the other party (the borrower), and the borrower undertakes to return to the lender the same amount of money (loan amount) or an equal amount of others the things he received of the same kind and quality. The loan agreement is considered concluded from the moment of transfer of money or other things.

The parties under the loan agreement are the lender - a person transferring funds or other valuables to another party, and the borrower - a person receiving money or things.

The loan agreement is a real agreement, that is, it is considered concluded from the moment the money or other things are transferred. To conclude a real contract, the simultaneous fulfillment of two conditions is necessary:

1. an agreement of the parties in the appropriate form;
2. transfer of property defined by this agreement.

The subject of a loan agreement can be either cash or other things defined by generic characteristics.

According to paragraph 2 of Art. 807 of the Civil Code of the Russian Federation, foreign currency and currency values ​​​​may be the subject of a loan agreement on the territory of the Russian Federation in compliance with the rules of Art. 140, 141 and 317 of the Civil Code of the Russian Federation and Federal Law of December 10, 2003 N 173-FZ "On currency regulation and currency control"

So, for example, according to Art. 317 of the Civil Code of the Russian Federation Monetary obligations must be expressed in rubles (Article 140 of the Civil Code of the Russian Federation). Paragraph 2 of the same article states: a monetary obligation may provide that it is payable in rubles in an amount equivalent to a certain amount in foreign currency or in conventional monetary units (ecu, "special drawing rights", etc.). In this case, the amount payable in rubles is determined at the official exchange rate of the relevant currency or conventional monetary units on the date of payment, unless a different exchange rate or another date for its determination is established by law or by agreement of the parties.

Regarding the form in which the loan agreement must be concluded, the legislator has established that the agreement can be concluded both orally and in writing. When determining the form of the contract, it is necessary to take into account the provisions of paragraph 1 of Art. 808 of the Civil Code of the Russian Federation, which establishes that a loan agreement between citizens must be concluded in writing if its amount exceeds at least ten times the minimum wage established by law.

In accordance with the Federal Law of June 19, 2000 N 82-FZ "On the Minimum Wage", the base amount used in the calculation of scholarships, allowances and other mandatory social payments, the calculation of taxes, fees, fines and other payments, the calculation of payments for civil law obligations, the amount of which, in accordance with the legislation of the Russian Federation, is determined depending on, is 100 (one hundred) rubles. Thus, when concluding a loan agreement between citizens in the amount of more than 1,000 (one thousand) rubles, this agreement must be in writing.

Failure to comply with this provision in accordance with Art. 168 of the Civil Code of the Russian Federation entails the invalidity of the contract - a transaction that does not comply with the requirements of the law or other legal acts is void.

According to Art. 167 of the Civil Code of the Russian Federation, an invalid transaction does not entail legal consequences, with the exception of those related to its invalidity, and is invalid from the moment it is made. If the transaction is invalid, each of the parties is obliged to return to the other everything received under the transaction, and if it is impossible to return what was received in kind (including when the received is expressed in the use of property, work performed or service provided), to reimburse its value in money, if other consequences the invalidity of the transaction is not provided for by law.

In accordance with paragraph 2 of Art. 808 of the Civil Code of the Russian Federation, in support of the loan agreement and its terms, a borrower's receipt or other document certifying the transfer of a certain amount of money or a certain number of things by the lender to him may be presented.

Commenting on the provisions of Art. 808 of the Civil Code of the Russian Federation, the attention of the reader, who is not experienced in legal casuistry, should be drawn to the fact that, based on the meaning of the article, compliance with the written form of the loan agreement will be a borrower's receipt, which will indicate that a certain amount of money was transferred by one person, and another person accepted. And it is this document that will confirm the conclusion of the loan agreement and compliance with its written form! Of course, ideally, it is necessary to draw up a separate loan agreement, which will specify the conditions that determine the amount of the loan, the procedure for its repayment, the presence of interest payable, and the responsibility of the parties for non-compliance with the terms of the agreement and, as an annex to it, draw up a receipt for receiving funds. However, the realities of life are far from ideal and in practice they often manage to draw up a receipt, which is the only document confirming the loan of funds and using which you can return the money in court.

It is also worth drawing the reader's attention to the fact that the receipt must necessarily reflect not only the time (date) and place (city) of the receipt (conclusion of the contract), but also the fact of the transfer of funds, that is, that "the money was transferred and accepted "! Such a wording as “one side transmits, and the other accepts ...” does not indicate the fact of a transfer!

It is best to finish the main text of the receipt with the words: “The amount was transferred to the Borrower in full, which is _________ (____________) rubles. Borrower _________ (full name) has no claims to the Lender _________ (full name) regarding the transfer of the loan amount.”

Failure to comply with these rules may lead to the impossibility of a refund in court. For example, the borrower may, in accordance with Art. 812 of the Civil Code of the Russian Federation to challenge the loan agreement for its lack of money, proving that the money was not actually received by him from the lender or received in a smaller amount than indicated in the agreement, while, by virtue of clause 2 of the same article, if the loan agreement must be made in in writing, its contestation for lack of money by means of witness testimony is not allowed, except in cases where the contract was concluded under the influence of fraud, violence, threats, a malicious agreement between the borrower's representative and the lender, or a combination of difficult circumstances.

At the request of the parties and for additional protection of their interests, the loan agreement can be certified by a notary, although the law does not oblige this. At the same time, it must be remembered that additional protection in this case will be the notary's certification of the fact of the conclusion of the contract (its signing) by the relevant persons.

There are two types of loan agreements: reimbursable and gratuitous.

Art. 809 of the Civil Code of the Russian Federation defines the conditions for the compensation of a loan agreement.

By general rule, unless otherwise provided by law or agreement, the lender has the right to receive interest from the borrower on the loan amount in the amount and in the manner determined by the agreement. In the absence of a clause on the amount of interest in the agreement, their amount is determined by the existing place of residence of the lender, and if the lender is a legal entity, at the place of its location, the bank interest rate (refinancing rate) on the day the borrower pays the amount of the debt or its corresponding part. Unless otherwise agreed, interest is paid monthly until the date of repayment of the loan amount.

Unless otherwise expressly provided in the loan agreement, such an agreement is assumed to be interest-free in cases where:

• the contract is concluded between citizens for an amount not exceeding fifty times the minimum wage established by law and is not related to the implementation of entrepreneurial activities by at least one of the parties;
• under the contract, the borrower is transferred not money, but other things defined by generic characteristics.

The procedure for the return of funds under the loan agreement is determined by Art. 810 of the Civil Code of the Russian Federation.

In accordance with this article, the borrower is obliged to return to the lender the received loan amount within the time and in the manner provided for by the loan agreement, and in cases where the repayment period is not established by the agreement or is determined by the moment of demand, the loan amount must be returned by the borrower within thirty days from of the date of presentation by the lender of a demand to this effect, unless otherwise provided by the agreement. Unless otherwise provided by the loan agreement, the interest-free loan amount may be returned by the borrower ahead of schedule. The loan amount provided at interest may be repaid ahead of schedule with the consent of the lender. Unless otherwise provided by the loan agreement, the loan amount is considered returned at the time of its transfer to the lender or crediting the relevant funds to his bank account.

It is worth mentioning that in order to protect their interests, the borrower, when repaying the principal amount of the loan and paying interest associated with it, has the right to demand from the lender a receipt for receiving the specified funds to confirm the fulfillment of the terms of the loan agreement on their part. In this receipt, as well as in the receipt for receiving funds when concluding a loan agreement, the fact of transferring funds from the borrower to the lender must be reflected.

The consequences of the borrower's failure to fulfill its obligations under the loan agreement are defined by Art. 811 of the Civil Code of the Russian Federation. By default, that is, unless otherwise provided by law or the loan agreement, in cases where the borrower does not return the loan amount on time, interest is payable on this amount in the amount provided for in paragraph 1 of Article 395 of the Civil Code of the Russian Federation, from the day when it is due was returned before the day of its return to the lender, regardless of the payment of interest, provided for in paragraph 1 of Art. 809 of the Civil Code of the Russian Federation. Also, if the loan agreement provides for the return of the loan in installments (in installments), then if the borrower violates the deadline set for the return of the next part of the loan, the lender has the right to demand early repayment of the entire remaining loan amount together with the interest due.

The aforementioned Art. 395 of the Civil Code of the Russian Federation determines the amount and conditions for the application of measures of civil liability to the debtor for failure to fulfill a monetary obligation, namely for the use of other people's funds due to their unlawful retention, evasion of their return, other delay in their payment or unjustified receipt or saving at the expense of another persons are liable to pay interest on the amount of these funds. The amount of interest is determined by the discount rate of bank interest existing at the place of residence of the creditor, and if the creditor is a legal entity, at the place of its location on the date of fulfillment of the monetary obligation or its corresponding part.

Commenting on Art. 811 of the Civil Code of the Russian Federation, I would like to draw attention to the fact that the measures of civil liability applied to the borrower, provided for by this article, namely, the payment of interest in the amount provided for in paragraph 1 of Art. 395 of the Civil Code of the Russian Federation, for late repayment of the loan amount, are payable by the borrower, regardless of the payment of interest provided for in paragraph 1 of Art. 809 of the Civil Code of the Russian Federation, since they are liability for non-fulfillment of a monetary obligation, and the interest provided for in paragraph 1 of Art. 809 of the Civil Code of the Russian Federation, are interest on the amount of the loan for the use of the borrower's funds (borrower's remuneration), that is, they have a different legal nature, and, accordingly, do not affect each other. The amount of interest established in paragraph 1 of Art. 811 of the Civil Code of the Russian Federation, for the failure by the borrower to return the loan amount on time, it can be changed by the parties by introducing the appropriate condition into the contract.

As mentioned above, a loan agreement can be challenged by the borrower because of its lack of money, proving that money or other things were not actually received by him from the lender or received in a smaller amount than indicated in the agreement (Article 812 of the Civil Code of the Russian Federation). At the same time, if the loan agreement must be made in writing (Article 808 of the Civil Code of the Russian Federation), it is not allowed to challenge it for lack of money by means of witness testimony, except in cases where the agreement was concluded under the influence of fraud, violence, threat, malicious agreement of the representative of the borrower with the lender or a combination of difficult circumstances. If, in the process of contesting the loan agreement by the borrower due to its lack of money, it is established that the money or other things were not actually received from the lender, the loan agreement is considered not concluded. When money or things are actually received by the borrower from the lender in a smaller amount than specified in the contract, the contract is considered concluded for this amount of money or things.

If the borrower does not return the funds under the loan agreement, the lender has the right to file a lawsuit against the borrower to recover funds under the loan agreement.

When applying to the court, it must be remembered that the law establishes a statute of limitations. In accordance with Art. 195 of the Civil Code of the Russian Federation, the limitation period is recognized as the period for protecting the right on the claim of a person whose right has been violated. The general limitation period is set at three years (Article 196 of the Civil Code of the Russian Federation). It is also worth remembering that the agreement of the parties on changing the limitation periods and on the procedure for calculating them is invalid (Article 198 of the Civil Code of the Russian Federation). However, the statute of limitations is not applied by the court “automatically”! The court will accept the statement of claim regardless of whether the statute of limitations has expired or not. The fact that the limitation period has expired must be declared to the court by one of the parties before a decision is made. The expiration of the limitation period, the application of which is declared by the party to the dispute, is the basis for the court to decide to dismiss the claim (Article 199 of the Civil Code of the Russian Federation).

The beginning of the running of the limitation period must be calculated from the day when the person knew or should have known about the violation of his right.

If the loan agreement specifies a period for repayment of funds, the limitation period should be calculated at the end of the performance period, that is, from the day following the day when the borrower was supposed to repay the loan amount. If the repayment period is not determined by the parties, or is determined by the moment of claim, the limitation period begins from the moment when the borrower has the right to submit a claim for the return of borrowed funds (Article 200 of the Civil Code of the Russian Federation).

Art. 203 of the Civil Code of the Russian Federation, it is established that the limitation period is interrupted by filing a claim in the prescribed manner, as well as by the obligated person performing actions indicating the recognition of a debt. Actions indicating the recognition of a debt may be, for example, partial repayment of the debt, or the conclusion by the parties of an additional agreement to the loan agreement on the procedure for repaying the debt. At the same time, the limitation period begins anew, and the time that has elapsed before the break (commission of the specified actions) is not counted in the new period!

If, nevertheless, the limitation period is missed by the plaintiff and the defendant declares this in court, then the law provides the right to restore this period. To restore it, the plaintiff must prove at the hearing that he had good reasons, because of which he could not timely apply to the court for the protection of his rights and interests. In exceptional cases, when the court recognizes a valid reason for missing the limitation period due to circumstances related to the identity of the plaintiff (serious illness, helplessness, illiteracy, etc.), the violated right of a citizen is subject to protection. At the same time, the reasons for missing the limitation period may be recognized as valid if they occurred in the last six months of the limitation period (Article 205 of the Civil Code of the Russian Federation).

If the borrower voluntarily returned the loan amount in full after the expiration of the limitation period, then he does not have the right to demand the executed back (Article 206 of the Civil Code of the Russian Federation).

The procedure for applying the limitation period to claims under a loan agreement in respect of the interest provided for by it and the penalty for non-fulfillment of the terms of the agreement, the so-called additional requirements, is determined by Art. 207 of the Civil Code of the Russian Federation, according to which, with the expiration of the limitation period for the main claim, the limitation period for additional claims also expires.

A statement of claim for the recovery of funds under a loan agreement, as a general rule, is filed at the place of residence of the borrower (Article 28 of the Civil Procedure Code of the Russian Federation (hereinafter referred to as the Code of Civil Procedure of the Russian Federation)). If the defendant's place of residence is unknown, then the statement of claim is filed at his last known place of residence (clause 1, article 29 of the Code of Civil Procedure of the Russian Federation). The last known place of residence may be the address where the defendant is registered, indicated in the loan agreement (receipt of receipt of funds).

This case will be within the jurisdiction of a justice of the peace if the amount of claims stated in the statement of claim does not exceed five hundred minimum wages, that is, 50,000 (Fifty thousand) rubles (clause 5, clause 1, article 23 of the Code of Civil Procedure of the Russian Federation), in case exceeding this amount, the case is within the jurisdiction of the district court (Articles 22 and 24 of the Code of Civil Procedure of the Russian Federation).

In order for the court to accept and consider the statement of claim, the plaintiff must pay a state fee, the amount of which is calculated based on the size of the claims.

Pp. 1 p. 1 art. 333.19 of the Tax Code of the Russian Federation establishes the procedure for determining the amount of state duty.

In cases considered in courts of general jurisdiction by magistrates, the state fee is paid in the following amounts:

when filing a claim of a property nature subject to assessment, at the price of the claim:

• up to 10,000 rubles - 4 percent of the value of the claim, but not less than 200 rubles;
• from 10,001 rubles to 50,000 rubles - 400 rubles plus 3 percent of the amount exceeding 10,000 rubles;
• from 50,001 rubles to 100,000 rubles - 1,600 rubles plus 2 percent of the amount exceeding 50,000 rubles;
• from 100,001 rubles to 500,000 rubles - 2,600 rubles plus 1 percent of the amount exceeding 100,000 rubles;
• over 500,000 rubles - 6,600 rubles plus 0.5 percent of the amount exceeding 500,000 rubles, but not more than 20,000 rubles.

In accordance with paragraph 1 of Art. 154 Code of Civil Procedure of the Russian Federation, civil cases are considered and resolved by the court before the expiration of two months from the date of receipt of the application to the court, and by the justice of the peace until the expiration of a month from the date of acceptance of the application for proceedings.

When resolving the case in favor of the plaintiff, after the decision of the court of first instance comes into force, that is, if the decision is not appealed by the defendant within ten days to the court of appeal, the plaintiff is issued a writ of execution, which is subject to presentation to the Federal Bailiffs Service of Russia to recover the awarded monetary funds forcibly within the period specified in the writ of execution.

Further actions to recover funds from the debtor and return them to the creditor are carried out by bailiffs in accordance with applicable law.

The list of legal acts used in writing the article:

1. Tax Code of the Russian Federation (Part 2), dated 05.08.2000 N 117-FZ;
2. Civil Code of the Russian Federation (Part 1), dated November 30, 1994 N 51-FZ;
3. Civil Code Russian Federation(Part 2), dated 01.26.1996 N 14-FZ;
4. Civil Procedure Code of the Russian Federation of November 14, 2002 N 138-FZ;
5. Federal Law No. 82-FZ of June 19, 2000 "On the Minimum Wage".