Termination of the loan agreement unilaterally: the possibility and procedure. How to terminate the contract credit with the bank, legal issues

The loan agreement can be terminated by agreement of the parties and by the decision of the Court (Article 450 of the Civil Code of the Russian Federation).

In the case of termination of the contract, the obligations are considered terminated, as a rule, from the moment of the conclusion of the agreement of the parties on its termination, and when terminating the contract in judicial order - from the moment of entry into legal force relevant court decision (clause 3 of Art. 453 of the Civil Code of the Russian Federation).

Termination loan agreement By agreement of the parties

The procedure for termination of the contract by agreement of the parties differs depending on whether the debt on the loan agreement has been repaid and has expired its validity.

1. Termination of the loan agreement upon expiration

The procedure for termination of the loan agreement upon expiration of its operation depends on the presence or absence of debt on it.

1.1. If the debt is reheated

With full repayment credit debt The loan agreement is terminated automatically due to its appropriate execution (Art. 408 of the Civil Code of the Russian Federation). No additional documents to sign, for example, an application for termination of the contract, an additional agreement to the loan agreement, etc.

However, often after the termination of the obligations of the borrower arising from the loan agreement, the client remains before the bank of the obligation to other agreements concluded in order to service the debt. This, for example, a contract bank account - In the case of granting a loan by non-cash path to the Customer's current account. Such contracts are not terminated automatically in connection with the fulfillment of obligations under the loan agreement. According to such contracts, debt can accumulate, such as debt for maintaining and servicing by the Bank bank card. Therefore, with full repayment of the loan, it is necessary to write a statement to the bank in the form of the Bank to terminate related treaties, such as a bank account agreement, card account etc, and get a certificate from the bank confirming the absence of your debt before it is as of the current date.

1.2. If the debt is not repaid

The fact of the expiration of the term of the loan agreement, the debt on which is not paid in full, in itself does not terminate the contract. IN this caseIf the borrower intends to terminate the loan agreement, he needs to go to court in the manner described below.

If you have debt to the bank after the expiration of the loan agreement, you must repay the debt. When for some reason it is difficult to do this, you need to contact the bank with a statement of debt restructuring.

Based on this statement, the Bank will sign an agreement with you, allowing you to pay off debt on the new conditions (repayment period, repayment schedule, interest rate), is an additional agreement on the loan agreement on the change in lending conditions, an innovation agreement, an explicit agreement, a new loan agreement and etc.

Note!

To return overdue debt under the loan agreement, the Bank has the right to attract collector organizationWhat should notify you within 30 working days (p. 2 h. 1 Art. 5, part 1 Art. nine Of the Law of 03.07.2016 N 230-FZ).

2. Early termination of the loan agreement

In this case, your actions depend on the method of obtaining credit funds.

If a loan agreement has been signed between you and the bank a loan agreement for a single provision of funds, a condition for termination of the contract in connection with its early execution may be contained in your application for early repayment of the loan.

If there is no such phrase in the application, the contract in any case will be terminated automatically after repayment of the loan (Article 408 of the Civil Code of the Russian Federation).

If a contract has been concluded between you and the bank on opening a credit line, you have repaired debt and do not intend to further enjoy the next credit tranche, it is advisable to sign an additional agreement with the Bank with the Bank to the loan agreement on its termination by agreement of the parties (paragraph 1 of Art. 450 of the Civil Code of the Russian Federation). Specify in it that you have no debt to the bank on the loan agreement.

Termination of the loan agreement in court

At the request of the borrower, the contract may be terminated by a court decision (paragraph 2 of Art. 450, Art. 451 of the Civil Code of the Russian Federation):

with a significant violation of the contract with the other party. A violation of an agreement is significant to be significant, which entails such damage to another side that it is largely deprived of what was entitled to count on the conclusion of the contract. An example of a significant violation of the Treaty by the Bank may be unlawful to accommodate the penalties, commissions, the illegal order of debt write-off, etc.;
with a significant change in circumstances, of which the parties proceeded at the conclusion of the contract. Stopping, for example, the loss of work, loss of earnings, disease, it is necessary to take into account that the court will evaluate the possibility of foresight and the cause of such a situation, its consequences, since the change in circumstances may be the basis for termination of the loan agreement under certain conditions.

To terminate the loan agreement in court, we advise you to adhere to the next algorithm.

Step 1. Offer the Bank to terminate the loan agreement

Prior to appeal to the court with a claim for termination of a loan agreement, it is necessary to send a letter to the bank with a proposal to terminate the contract. The letter can be sent by mail by registered mail with the notice of the presentation or personally transfer to the Bank's Office. On photocopies of letters, it is advisable to get a bank mark about getting your letter.

The requirement to terminate the contract can be declared the court after receiving the refusal of the other party to the proposal to terminate the contract or non-receipt of the response in the period specified in your letter, and in its absence - in a thirty-day period (paragraph 2 of Art. 452 of the Civil Code of the Russian Federation). After the expiration date, you have the right to submit to the court of general jurisdiction a claim for termination of the loan agreement.

Step 2. Prepare the claim and apply it to court.

The statement of claim is submitted to the court in writing. It should be indicated (Art. 131 Code of Civil Procedure of the Russian Federation):

name of the court;
name and place of residence (location) of the plaintiff and the defendant (bank);
the essence of violation of the rights of the plaintiff and its requirements;
the circumstances on which the plaintiff basses its requirements and their evidence;
the list of documents attached to the application.

Reference. Documents attached to the claim

The claim is attached to the claim the following documents (art. 132 Code of Civil Procedure of the Russian Federation; PP. 3 p. 1 Art. 333.19 of the Tax Code of the Russian Federation):

- copies of the statement in accordance with the number of respondents and third parties (if any);

- receipt for the payment of state duty in the amount of 300 rubles;

- power of attorney or other document certifying the powers of the representative of the plaintiff;

- Documents confirming the circumstances on which the plaintiff basses its requirements, copies of these documents for the defendant and third parties (if any): a loan agreement, additions and changes to it, loan issuance applications, calculations full value Credit, discharge of funds for the accounts of the borrower in the bank, letters to the bank with a mark on their receipt and letters received from the bank, as well as any other documents related to the case under consideration.

The claim is submitted to the court at the location of the defendant, or at the place of residence (stay) of the plaintiff, or at the place of conclusion or the place of execution of the contract (in the event of a consumer violation) (Art. 28, part 7 of Art. 29 Code of Civil Procedure of the Russian Federation).

Step 3. Take part at the court session and get a decision

Within five days from the date of receipt of the claim, the court decides whether to take it to the production of the court, appoints a preliminary meeting, and subsequently a trial. If it is impossible to appear in court hearing, warn about this Court, submit evidence of respect for the cause of the lack of at the meeting and ask the court on postponement of the proceedings or considering the case into your absence (

Prepared based on material

professor Department of Banking Law

MGU them. O.E.Kutafina

If you have taken a loan and made a delay, the bank will begin an event for the compulsory debt recovery.

First you will call and write employees of the institution, then the collectors will turn on. If you cannot agree peacefully, the lender will apply to the court. In his lawsuage, he may require and terminate a loan agreement. What if the bank wants to revoke a loan agreement ahead of schedule? Let's tell me further.

The basis of termination of the loan agreement

According to Art. 450 Civil Code of the Russian Federation, lending agreement can be terminated in two ways: by agreement of the parties or unilaterally.

In the first case, if a person repaid a loan on time, the contract automatically terminates its effect in connection with the full fulfillment of obligations on it. In the second, if at the time of the deadline for the term of the loan agreement, debt is not repaid, it is not considered terminated, since the obligations on it are not fulfilled to be fully. In such a situation, the Bank has the right to terminate such an agreement on a personal initiative. The procedure is carried out exclusively in court.

One-sided termination credit Agreement It happens only through the court.

The bank has the right to demand early termination Negotiated relations with the borrower in the following cases:

the borrower does not fulfill the debt obligations assumed;
he broke out another essential conditionprescribed in the contract (for example, changed the place of residence or work without notifying the creditor).

According to Federal law "ABOUT consumer credit (loan) "and Art. 811 of the Civil Code of the Russian Federation, if the borrower did not execute the terms of the loan agreement for more than 60 days out of 180, the lender is entitled to demand early repayment of debt and termination of the contract.

In addition to the reasons listed above, the bank may raise the issue of early repayment Loan and in the following situations:

the borrower did not fulfill its obligations regarding the amount of the return of the loan;
he lost its loan, or its conditions deteriorated on the circumstances independent of the Bank (for example, if the car stacked the car).

The decision to cancel the contractual relations bank is obliged to inform the borrower in writing, indicating the causes of such actions. The debt repayment is given no more than 10 days from the date of receipt of the notification. Note that the notification itself is not a termination of the contract unilaterally.

If the bank decided to stop relations ahead of schedule, this does not mean that all previously taken obligations are removed from you. The lender has the right to demand not only the return of the principal debt, but also paying all interest, penalties and fines that were accrued for the period of delay.

One-sided termination of the loan agreement does not remove the obligations previously taken from the borrower.

What if the bank asks to return the loan ahead of schedule?

It all depends on whether the creditor filed to you or not.

Pre-trial settlement of the dispute

If the case has not yet reached the court, do not wait for a miracle - try to resolve the situation peacefully. First of all, immediately start negotiations with the lender - contact a bank with a written statement. In the petition, specify:

information that you do not refuse your obligations, but you cannot make payments on the previous conditions;
causes of insolvency. They must be respectful (, disease, etc.) and have a documentary confirmation.

So you will show the bank that we would like to pay debt, but life circumstances do not allow this to do. Many credit institutions meet their customers and offer an acceptable way out of the difficult situation for both parties.

Pay on debts will still have to pay, so you will notify the bank about your material difficulties in advance.

Trial

If you do not come to contact with the bank for a long time and do not make payments, the lender has the right to sue you. To challenge the requirements, you will need to provide a court of good reasons for the non-fulfillment of contractual obligations. Only then, the judge will consider your arguments with weighty and refuses the creditor in its claims.

If the reasons for which the bank wants to terminate the loan contract is insignificant (for example, a single monthly payment pass), you can submit a counterclaim about the disproportion of its requirements. Please note that the bank has a whole staff of lawyers, so it is very careful, otherwise you will be forced to "to upset Full.

You need to confirm your position in court.

What if you have nothing to pay?

If the bank terminated a lending contract unilaterally, the borrower falls into a situation where it is urgent to pay off the balance of the debt. But it is not always real, so you can ask the court about a delay or installment of the execution of his decision.

Installing is the payment of debt parts in the form of regular payments for a certain period of time (up to full repayment debt to the bank). Cancer implies the duty of the execution of the debtor of the court decision after a certain period when he will have the opportunity to fully repay the debt. The maximum deferment period is 6 months.

To obtain installments or delay, you will need to prove your heavy financial situation: lack of work, disability, the presence of dependents, etc. It is also necessary to demonstrate the court that the violation of the terms of the loan agreement were forced, and not intentional.

In addition, you can use the world agreement option, when the parties succeed in reaching a compromise and change the terms of the loan agreement according to the circumstances.

Ask the court delay or installment payments.

Do I need to turn to a lawyer?

Understand all the intricacies of relationships with banking organizations An ordinary citizen is not under power, so it is better to resort to the help of professionals. Loans will help you form a competent legal position and defend your interests in court. The specialist will collect evidence of violations by the Bank: His reluctance to make contact and provide, illegal accrual of penalties. You will also do not have to attend court sessions - a lawyer by proxy will fulfill all the work.

Turning for help to a lawyer, you can count on:

qualified legal assistance;
substantial savings;
maximum reduction of fines and penalties on an overdue loan;
real calculation of the total amount of debt;
the ability to restructure debt and deferred a court decision.

Note that only loans lawyer will be able to resolve the conflict with the bank in your favor to the highest possible time.

Want to defend your interests and not pay extra - contact a human rights defender.

The loan agreement between the banking institution and the borrower can be terminated by agreement of the parties and / or by the court decision - this is indicated in Article 450 of the Civil Code of the Russian Federation. There are a number of situations in which the borrower should know how to properly terminate the loan agreement so that in the future he did not have any problems.

Table of contents:

Termination of the loan agreement by agreement of the parties

By agreement of the parties, the loan agreement can be terminated in two cases - the loan amount was fully repaid, or the contract term has expired, but the debt remained.

Debt is repaid completely

According to Article 408 of the Civil Code of the Russian Federation, when repaying the debt, the loan agreement between the banking institution and the borrower automatically ceases to exist. In this case, no additional documents should be signed by the borrower - it is about termination of a loan agreement or an additional agreement on the already paid loan.

Unfortunately, borrowers after paying off the loan do not think about the fact that they have other obligations before the bank. For example, during the signing of the loan agreement, the obligations of the loan account or bank card were signed. These treaties are not automatically terminated, even if the borrower fully repaid a loan. Over time, he accumulates new debts (for example, payment for bank account management), an institution imposes fines and penalties to it - the amount may become quite large.

Important!For the above-described above, the borrower after the repayment of all debt on the loan agreement should contact the bank and write a statement on the termination of the accompanying contracts. Immediately after the admission of such a statement, it is necessary to require a certificate from the bank that the borrower has no debts to the institution.

Debt is not repayed

It often happens that the term of the loan agreement has expired, and the debt has not yet been repaid. The end of the loan agreement is not a reason for the automatic termination, the borrower will have to pay the entire amount of the loan, interest and penalties / fines imposed by the Bank in connection with the delay in payments.

The most reasonable decision is to appeal to a bank institution with a statement on debt restructuring. Banks, as a rule, do not refuse such a request to customers, borrowers becomes easier and they successfully finish their credit epic. If the restructuring failed, that is, it makes sense to apply to the court - let it decide on the legality / unlawfulness of failure. By the way, in court may be decided to remove already superimposed penalties and fines from the borrower - as a result, the amount of debt can significantly reduce.

Note:there is no sense to hide from the bank because of the debt on the loan agreement! The Bank is entitled, they will find an unfair borrower in any case and will demand money from it.

Early termination of the loan agreement

Early terminate the loan agreement can different waysIt all depends on exactly how the loan agreement was concluded.

If the loan agreement implies a one-time receipt borrowed money From the bank, then the conditions for its early termination will be spelled out in the document. But even if there is no point in the contract itself, it will be automatically terminated when debt repayment in accordance with Article 450 of the Civil Code of the Russian Federation.

If a contract for the allocation of a credit line and the debt has already been signed between the banking institution and the debt, then to terminate the contract (in the absence of intentions to use banking means) It will be necessary to contact the bank with a statement. In the application, specify the intention to terminate the loan agreement by agreement of the two sides, indicate that there are no loan debt.

Termination of the loan agreement in court

The borrower may require the termination of the loan agreement in court:

if one side (bank in this case) significantly violates the terms of the contract. Significant violations are the actions of the Bank, which lead to significant damage to the borrower. For example, the bank illegally increases interest rate, accrues penalties and fines without reason, they are illegally prior to debt write-off and so on;
if the circumstances in the life of the borrower radically changed. For example, he lost her job or is in a medical institution and he has long treatment.

In order for the termination of the loan agreement in court, competently, it is necessary to follow a certain algorithm:

Send a proposal to the bank to terminate the loan agreement. This can be done either by mail (make a letter with a notice of delivery), or personally, after the office of the banking institution. If the application for termination of the contract is personally presented, then it will be necessary to make sure that the bank's office recordings have a mark on receiving a letter / statement.
The bank must during the period specified by the borrower in the letter, give an answer to the application. In extreme cases, it will be necessary to wait 30 days from the time you sending the letter, and then you can already go to court.

Prepare a claim and apply it to court. Such a statement is filed only in writing, it indicates:

name of the court;
name of the place of residence of the borrower and the found of the banking institution;
the essence of violations of the plaintiff's rights (borrower);
the circumstances that appeals the borrower and evidence of these circumstances;
the list of documents that are attached to the application.

The following documents must be attached to the claim:

copies of the claim in accordance with the number of respondents;
documents confirming the circumstances that forced the borrower to submit to the court to terminate the loan agreement - an application for the issuance of a loan, a loan agreement, an extract of the management of funds and any documents that are related to the case;
receipt of the payment of state duty (it is 300 rubles).

The claim is filed either directly with the plaintiff / borrower, or its representative on the basis of a notarized power of attorney for the management of all cases.

Take part at the court session and get a decision. Within 5 days from the date of submission of the claim, the court must decide whether he takes the matter into production. Then the preliminary meeting will be appointed, where all the circumstances of the case are clarified by the court, the opinions of both parties (the borrower and the representative of the banking institution) will be listened, and only then the trial will be held on which the final decision will be made.

Note: If for any reason the plaintiff cannot appear at the court hearing, then he is obliged to notify the court about this, to attach documents to his statement, which will confirm the availability of valid reasons.

The decision of the court comes into force after the expiration of the appeal - as a rule, it is 30 days. If no complaints were filed by a bank institution, and the plaintiff is fully satisfied by the court decision, the loan agreement will be terminated from the moment the court decision came into force.

Termination of the loan agreement - the process is fast only subject to the full repayment of debt. In all other cases, it will have to be patient and act strictly within the law.

If you have completely lost the opportunity to repay your loan, it makes no sense to wait for decisive actions by the bank and accumulate large sums Fines for delay, and even more so hiding. You need to apply to the court to terminate the loan agreement. In this article, we gradually consider this process.

Preparation for turning to court

First of all, you need to notify the bank that you have no money to fulfill your debt obligations. For this you make a statement. Download its sample, familiar with the possible reasons that can be specified in it as well necessary documentsconfirming your insolvency, you can.

It is worth noting that there is no special priority between sending a registered letter with a notice or transferring a statement independently in the bank branch. For you, the main thing is to get the answer from the lender.

After that, preparation for the court proceedings goes to the second stage. Most likely you will be offered restructuring. Of course, it can be accepted for it, but it will help only in the event of a minor deterioration of the financial situation, and not a complete loss of income. After all, if you do not have money, then reduced monthly payment You can not make. Therefore, refuse this option. There will be no consequences for this, since restructuring is the right, not a duty.

After the response received from your bank, you need to prepare the following statement - a feedback from the consent to the processing of personal data. You can download the blank by clicking on this link. The principle of his transfer to the creditor fully complies with the previous application. It also needs to wait for an answer from the bank. This will allow you to protect yourself from collectors and annoying calls.

Direct appeal to court

To sue a bank on a loan and terminate the contract with the bank, you need to collect the required package of documents. It includes the following items:

Your passport of a citizen of the Russian Federation.

Credit agreement and all additions to it (payment schedule, additional agreements, insurance contract, etc.)

All receitts or cash holders about paying loan.

Bank Answers to your statements about insolvency and recall permission to handle personal data. If the bank has not answered any of them, then you will need notification of receiving your appeal and a copy of the text of the statement. If you passed it in the department, then an instance with a stamp on the reception of the main sample.

Document confirming the deterioration of your financial state (certificate of obtaining the status of the unemployed, receipt of disability, etc.).

Application to the court on termination of the loan agreement.

Application blank that you need to adjust under your personal situation, you can download, clicking on the picture below.

With all this package of documents, you need to contact the Arbitration Court of the region of your stay (registration). In the future, you will need to attend meetings on the agenda. Also remember that termination does not mean the write-off of debt. It will still have to pay off. The main thing is that you will work exactly with the executive service, and not with collectors who can crime the framework of the law in the process of recovery.

Remember that you should never give up the loan payment. Your statement should sound as follows: "I want to pay a loan, but I have no opportunity."

Real chances in practice to terminate a loan agreement with the bank for this option amount to 50 to 50, but you need to do this at least for two reasons. First, fines for delay are frozen. Secondly, you get time to find work or funds to repay your debt.

Greetings to you again, project readers.

Today there will be an article from the category "Frequently Asked Questions". Do not hurry to look for this heading on the blog, it is not here. So far there is no need for it, since all the questions asked by you in the comments, one way or another, are reflected in my articles. But. There are some ambiguous topics and, as a result, questions about which I believe we have to talk separately, so to speak, pay special attention to them.

A response to one of these questions I will do today. You already understood what we were talking about, because the title of the article does not imply a double interpretation. So, the question in the studio.

Can I terminate the loan agreement with the bank?

It is clear that it is not about me, lawyer, but about the average borrower. But, first of all, I propose to determine why the borrower independently terminate a loan agreement with the bank. And here I already have questions about the borrower.

If you signed a loan agreement, and received money, it means that you have read the contract, and all its conditions have arranged. Then why do you dissolve the contract?
If you signed a loan agreement without reading, and after it saw any illegal conditions in it, then why terminate the contract completely? After all, it is enough to recognize a part of the terms of the contract illegal, and exclude them from the contract in court. At the same time, in the rest, such a contract will continue to act.
Early termination of the contract involves an early return of the loan, and therefore, if you want to simply repay the loan ahead of schedule, which prevents you from doing it without judicial trial? I think there are no such obstacles.

In this regard, I have only one reason for which the borrower may want to terminate the loan agreement with the Bank on his own initiative: when to repay the loan on it does not have the opportunity, but does not want the Bank to continue to accrue interest and fines on his debt .

In a normal situation, when the delay reaches 3 or more months, the Bank acquires the right to recover the debt in court. But, theoretically, the bank can realize its right throughout the term of the loan agreement plus three years from the date of the expiration date (limitation period).

In practice, there were cases when the bank filed a debtor after 2-3 years since the last payment. And you must know that over the years the percent size grows very significantly, and I do not speak about the penalty and increased interest. And if the borrower simply "forgot" about his debt, and counts on the same forgetfulness from the bank, then it does in vain. Everyone will have to return tenfold, because the debt must be given. This is the law of life.

Many borrowers who are delayed, or finally realized that it is no longer able to repay the loan, they know the price of their act. Communication with such debtors showed that this is, in most cases, adequate and reasonable people. They perfectly understand that the bank does not hurry to apply to the court to the debtors, and that only the debtor suffers from it, because interest continues to be accrued monthly, and the penalty is daily. And this crazy growth will continue until the bank's application is submitted to the court.

Yes, no matter how cool, and borrowers become smarter, and even less often allow banks to deceive themselves. And it can not but rejoice. After all, I also bring some contribution to the development and formation of the right awareness of citizens.

But well, we found out the reasons. Let's go to the essence and will reply, finally, to the question: can the borrower terminate the loan agreement with the bank ahead of schedule. I give the introductory. You made a loan in the bank, the money was safely spent, and for some time even gave out a loan. But, suddenly there was a situation (change of work, decline wages, dismissal, long disease and so on), in which the further repayment of the loan has been impossible. How to be in such a situation: Waiting for the bank himself will give it to court and ahead of schedule charges the balance of debt, or they independently try to terminate the loan agreement with the bank to stop accrual interest and fines?

In the first case, it is clear. You do not pay, and the bank sooner or later applies to the court. Yes, you are charged with the balance of the principal debt and interest calculated on the date of filing the claim. All other components of your debt bank will also consider and indicate a lawsuit, but you can reduce all the "extra" amounts almost to 0. On this subject I wrote. At the end of the article there will be a link.

In the second case, this is just the topic of today's article, you do not want to wait for actions from the bank, and you do not want interest in your debt.

Turn to the law. And I will immediately comment on every item. By the way, I must say, the Civil Code in this matter is unequivocal. So, at the request of one of the parties, that is, unilaterally, it is possible to terminate the loan agreement in court only:

with a significant violation of the contract with the other party, that is, the bank (paragraph 1 of Part 2 of Art. 450 of the Civil Code of the Russian Federation). As I said earlier in the article's responsibility article, the main obligation at the bank before the borrower is to provide the last loan. That is, if the bank issued money to you (transferred to the card, to the account, cash - it does not matter), he has fulfilled the condition for its part. So, this reason is not suitable for termination of the contract.
in other cases stipulated by law or contract (paragraph 2 of Part 2 of Art. 450 of the Civil Code of the Russian Federation). It will be more difficult here, so let's go straw to an unnecessary element. Thus, in the loan agreement there may be other cases of its early termination, but believe me (and, by the way, check in our contract), all these cases will advocate in favor of the Bank. For example, the grounds for early termination of the loan agreement on the initiative of the bank can be: loss of collateral, damage damage, debt repayment, partial exercise, systematic partial drawing (this is when you pay monthly, but with sums smaller than your monthly payment), and so Further.

Each individual bank can invent its foundations. The main thing is that they do not contradict the law and were essential. For example, if you change the place of residence or place of work and do not report this to the bank, as required by your contract, it will not be a significant violation of the terms of the loan agreement. And on this basis, the court will never terminate him at the initiative of the bank.

And what other reason for termination of the contract are provided by law? Let's look.

On this account in Civil Code There is only article 451, which allows in some cases to change or terminate the contract due to significant changes in circumstances. Is such an opportunity to the loan agreement? We look.

In order to terminate the loan agreement on the grounds provided for in Article 451 of the Civil Code of the Russian Federation, you must coincide simultaneously all 4 conditions:

at the time of the conclusion of the contract, the parties proceeded from the fact that such a change in circumstances would not occur. And the first condition passes by. Why? Yes, because you cannot argue that you will never get sick, or you will not be fired from work.
changing the circumstances is caused by the reasons that the interested party could not overcome after their occurrence, and so on ... here, too, by, since the disease can be cured, and work is changed, or to get on the second, third and so on. I understand that for the borrower such a question may look wild, but, objectively, the loss of work is not the end of the world.

I will not even give the third and fourth items, since they are not at all a relationship. By the way, almost all borrowers and debtors who filed claims to terminate the loan agreement to court were guided by exactly the first two conditions.

And finally, the most interesting. My opinion I. arbitrage practice On the issue of termination of the loan agreement in court at the initiative of the borrower.

I agree, I wrote a lot, and if you reached these lines, it means that this information is really interesting and important to you. And I did not accidentally describe in such a detail in the examples of real credit situations. The fact is that many debtors are addressed to me, who see the only way out of their personal financial crisis precisely the bailiff with the bank. And I do not stop saying to each of them that this business is not worth the candle that the trial in such a situation is not only in vain the time spent financial expenses and disappointment. This is also a care from reality - from real problem credit debt.

Numerous judicial practice on such disputes is definitely developing in favor of banks. Well, the debtor cannot terminate the loan agreement with the bank only because it does not want to pay interest. Your emotions do not have a job, and feeding a lawsuit to court, the borrower must be confident in its right, based primarily on the norms of the law. And such norms simply do not exist.

The very first question that the judge is asked in such disputes: If you want to terminate the loan agreement, why don't you just pay off my whole debt ahead of time? And the answer is perfectly known to you - you simply do not have such an opportunity.

Therefore, my advice to you - do not engage in these meaningless disputes. Focus on the fact that when the bank serves on you to court, you will need to take all measures to reduce your debt, and then, upon receipt of installments of the court decision. These methods are much more effective, and they are based on a 100% law.

Questions, comments, suggestions? I'm open to dialogue, as always, however.