Legal features of concluding and executing a loan agreement under the civil law of the Russian Federation

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In the article, the author analyzes the legal features of the conclusion and execution of a loan agreement under the civil legislation of the Russian Federation. The author identified the main changes to the current legislation concerning the legal nature, the form of the loan agreement, as well as the procedure for concluding and executing the agreement. Particular attention is paid to the problems of concluding a consensual loan agreement and determining its subject composition. It was established that the legislator left without due attention to the peculiarities of the conclusion of the agreement by borrowers-individual entrepreneurs. In addition, it was revealed that the current legislation does not establish clear requirements for the content of the receipt, which gives rise to certain problems with proving the transfer and receipt of the loan amount. A well-grounded conclusion is made that the peculiarities of the conclusion and execution of the loan agreement are directly related to the subject composition of the agreement.

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Loan agreement, borrower, lender, receipt, individuals, legal entities, performance of the agreement

Короткий адрес: https://sciup.org/170189217

IDR: 170189217   |   DOI: 10.24412/2500-1000-2021-8-2-103-106

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