Article. Credit contract
1. According to the loan agreement, the bank or other credit organisation (creditor) undertake to provide cash (Credit) Borrower in the amount and on the conditions provided for by the Treaty, and the borrower undertakes to return the amount received and pay interest on it.
2. The rules stipulated by paragraph 1 of this chapter are applied to the relations under the loan agreement, unless otherwise provided by the rules of this section and does not follow from the creature of the loan agreement.
Article. Form of the loan agreement
The loan agreement must be concluded in writing.
Failure to comply with the written form entails the invalidity of the loan agreement. Such an agreement is considered insignificant.
Article. Refusal to provide or obtain a loan
1. The lender has the right to refuse to provide the borrower provided loan agreement The loan is completely or partially subject to the presence of the circumstances, we obviously testify that the amount provided by the borrower will not be returned on time.
2. The borrower has the right to refuse to receive a loan in a fully or partially, notifying the creditor to the period established by the term of its provision, unless otherwise provided by law, other legal acts or a loan agreement.
3. In case of violation by the borrower provided for by the loan agreement, the obligation of the target use of the loan () the lender is also entitled to abandon further lending to the borrower under the contract.
3. Commercial and Commercial Credit
Article. Commercial Credit
Parties can be concluded an agreement providing for the duty of one Party to provide the other party the things defined by the generic signs (trade loan agreement). The rules of paragraph 2 of this chapter apply to such a contract, unless otherwise provided by such a contract and does not follow the obligation.
Conditions on quantities, about the assortment, about the packaging, about the packaging, about the packaging and (or) of the packaging of the goods provided should be executed in accordance with the rules on the contract for the sale of goods (Articles 465 - 485), unless otherwise provided by the trade loan agreement.
Article. Commercial credit
1. Contracts, whose execution is related to the transfer to the property of the other party monetary sums Or other things determined by the generic signs may be provided for the provision of a loan, including in the form of an advance payment, deferred and installment of payment of goods, works or services (commercial credit), unless otherwise established by law.
2. K. commercial loan Accordingly, the rules of this chapter are applied, unless otherwise provided by the Rules on the Agreement, from which the relevant commitment arose, and does not contradict the essence of such an obligation.
"1. Jam
Article 807. Loan agreement
1. Under the loan agreement, one party (lender) transfers money to the ownership (borrower) money or other things defined by generic signs, and the borrower undertakes to return the borrower the same amount of money (the amount of the loan) or an equal number of other things they received and quality.
The loan agreement is considered concluded from the moment of transferring money or other things.
2. Foreign currency And currency values \u200b\u200bmay be the subject of a loan agreement on the territory of the Russian Federation in compliance with the rules of Articles 140, 141 and 317 of this Code.
Article 808. Form of the loan agreement
1. A loan agreement between citizens must be concluded in writing if its sum exceeds at least ten times the minimum wage established by law, and in the case when the lender is entity- regardless of the amount.
2. In confirmation of the loan agreement and its conditions, a borrower and other document may be presented, certifying the transmission of a certain amount of money or a certain number of things.
Article 809. Interest under the loan agreement
1. Unless otherwise provided by law or the loan agreement, the lender has the right to receive interest from the borrower on the amount of the loan in size and in the manner defined by the Treaty. In the absence of a period of interest in the contract, their size is determined by the existing lendency at the place of residence, and if the lender is a legal entity, at the place of his location bank interest (refinancing rate) on the day of payment by the borrower of the amount of debt or its respective part.
2. In the absence of a different agreement, interest is paid monthly until the day of returning the loan amount.
3. The loan agreement is expected to be interest free if it does not directly provide otherwise, in cases where:
the contract is concluded between citizens in the amount not exceeding the fifty-time minimum size wages and is not associated with the implementation of entrepreneurial activities at least one of the parties;
under the contract, the borrower is transferred not to money, but other things defined by generic signs.
Article 810. Borrower Responsibilities Return loan amount
1. The borrower is obliged to return the lender the loan amount received on time and in the manner provided for by the loan agreement.
In cases where the return period of the contract is not established or determined by the moment of demand, the loan amount must be returned to the borrower for thirty days from the date of presentation of the requirement of the requirement of this, unless otherwise provided by the contract.
2. Unless otherwise provided by the loan agreement, the amount of interest-free loan can be returned to the borrower ahead of schedule.
The amount of the loan granted to interest can be returned early with the consent of the lender.
3. Unless otherwise provided by the loan agreement, the loan amount is considered returned at the time of transferring its lender or enrollment of relevant funds to its bank account.
Article 811. Consequences of violation by the borrower of a loan agreement
1. Unless otherwise provided by law or the loan agreement, in cases where the borrower does not return the amount of the loan within a time, interest in the amount provided for in paragraph 1 of Article 395 of this Code, from the day when it had to be returned, Until the day of returning the lender, regardless of the payment of interest provided for in paragraph 1 of Article 809 of this Code.
2. If the loan agreement is provided for the return of the loan in parts (in installments), then with a borrower violating the term set to return the next part of the loan, the lender is entitled to demand early refund All the remaining loan amount with interest due.
Federal Law of July 16, 1998 N 102-FZ "On Mortgage (Property Pledge)" found that the recovery of property issued to ensure the obligations executed by periodic payments is allowed in violating the timing of payments more than three times during twelve months. Even if each drawing is insignificant if the mortgage agreement does not provide otherwise
Article 812. Challenge of the loan agreement
1. The borrower has the right to challenge the loan agreement on his trafficking, proving that money or other things in reality are not actually obtained by him from the lender or obtained in smaller quantity than indicated in the contract.
2. If the loan agreement should be perpetrated in writing (Article 808), his challenge for moneylessness through testimony is not allowed, except when the contract has been concluded under the influence of deception, violence, threats, malicious agreement of the representative of the borrower with a lender or concrete agreement severe circumstances.
3. If in the process of challenging the borrower of the loan agreement on its trafficking, it will be established that money or other things in reality were not received from the lender, the loan agreement is considered not inconclusive. When money or things in reality are obtained by a borrower from a borrower in less than indicated in the contract, the contract is considered to be concluded for this amount of money or things.
Article 813. The consequences of the loss of ensuring the obligations of the borrower
When the borrower is not fulfilled by the loan agreement to ensure the return of the loan amount, as well as in the loss or worsening of its conditions in circumstances for which the lender does not respond, the lender is entitled to demand from the borrower of early return of the loan amount and paying interest, unless otherwise provided by the contract .
Article 814. Target loan
1. If the loan agreement is concluded with the condition of use of the funds received for certain purposes (target loan), the borrower is obliged to ensure the possibility of the proceeding of control over the targeted use of the loan amount.
2. In the event of non-fulfillment by the borrower, the Terms of the Loan Agreement on the targeted use of the loan amount, as well as in violation of the duties stipulated by paragraph 1 of this article, the lender is entitled to demand from the borrower of the early return of the loan amount and paying interest, unless otherwise provided by the contract.
Article 815. Veksel
In cases where, in accordance with the Agreement of the Parties, a borrower issued a bill, certifying any no obligation of the bill of exchange (a simple bill of exchange) or another payer specified in the bill of exchange (transfer bills) to pay money from the exchange amount provided for by the exchange rate, the relationship of the bill on the bill is regulated by law About the transfer and simple bill.
Since the issuance of the bill of exchange, the rules of this section can be applied to these relationships, because they do not contradict the law on the transfer and simple bill.
For some issues of the practice of consideration of disputes related to the appeal of bills, see Resolution of the Plenum of the Russian Armed Forces and the Plenum of the Supreme Arbitration Court of the Russian Federation of December 4, 2000 N 33/14
Article 816. Bond
In cases stipulated by law or other legal acts, the loan agreement can be concluded by issuing and selling bonds.
The bond recognizes the security certifying the right of its holder to receive from the person who has released a bond into the nominal value of the bond or other property equivalent. The bond provides its holder is also the right to receive a fixed interest in it from the nominal value of the bond or other property rights.
The relationship between the person who released the bond, and its holder, the rule of this paragraph is used to be extended, since otherwise not provided by law or in the manner prescribed.
Article 817. State loan agreement
1. Under the State Loan Agreement, the borrower is the Russian Federation, the subject of the Russian Federation, and the borimist is a citizen or a legal entity.
2. State loans are voluntary.
3. The State Loan Agreement is by acquiring a progenitor of issued state bonds or other state-owned valuable paperscertifying the right of the borrowing to receive funds from the borrower or, depending on the conditions of the loan, other property, established interest or other property rights in the time limits provided for by the terms of the loan in appeal.
4. Changing the conditions of the loan released into circulation is not allowed.
5. Rules on the state loan agreement are applied accordingly to loans issued by municipal education.
Article 818. Novation of debt to a borrowed commitment
1. By agreement of the parties, debt resulting from buying and selling property or other reason can be replaced. borrowed commitment.
2. The replacement of debt borrowed obligation is carried out in compliance with the requirements of innovation (Article 414) and is committed in the form provided for the loan agreement (Article 808).
"2. Credit
Article 819. Credit Agreement
1. According to the loan agreement, the Bank or another credit organization (creditor) undertakes to provide cash (credit) borrower in the amount and on the conditions provided for by the Treaty, and the borrower undertakes to return the amount of money and pay interest on it.
In accordance with Federal Law of December 2, 1990, the N 395-I credit organization is obliged to determine in the loan agreement complete value The loan provided to the borrower is an individual, as well as indicate the list and dimensions of the borrower payments - individualrelated to non-compliance with the conditions of the loan agreement
2. The rules stipulated by paragraph 1 of this chapter are applied to the relations under the loan agreement, unless otherwise provided by the rules of this section and does not follow from the creature of the loan agreement.
Article 820. Form of the loan agreement
The loan agreement must be concluded in writing.
Failure to comply with the written form entails the invalidity of the loan agreement. Such an agreement is considered insignificant.
Article 821. Refusal to provide or obtain a loan
1. The lender has the right to refuse to provide a borrower provided for by the loan loan agreement in whole or in part in the presence of the circumstances apparently testifying that the amount provided by the borrower will not be returned on time.
2. The borrower has the right to refuse to receive a loan in a fully or partially, notifying the creditor to the period established by the term of its provision, unless otherwise provided by law, other legal acts or a loan agreement.
3. In case of violation by the Borrower, the obligation provided for by the loan agreement target use Credit (Article 814) The lender has the right to also refuse further lending to the borrower under the contract.
"3. Commercial and commercial loan
Article 822. Trade Credit
Parties can be concluded an agreement providing for the duty of one Party to provide the other party the things defined by the generic signs (trade loan agreement). The rules of paragraph 2 of this chapter apply to such a contract, unless otherwise provided by such a contract and does not follow the obligation.
Conditions on quantities, about the assortment, about the packaging, about the packaging, about the packaging and (or) of the packaging of the goods provided should be executed in accordance with the rules on the contract for the sale of goods (Articles 465 - 485), unless otherwise provided by the trade loan agreement.
Article 823. Commercial loan
1. Contracts, the execution of which is connected with the transfer to the property to the other party of money or other things determined by the generic signs, may be provided for the provision of a loan, including in the form of advance payment, deferred and installment of payment of goods, works or services (commercial credit ), unless otherwise established by law.
2. The rules of this chapter are applied to the commercial loan, unless otherwise provided by the Rules on the Treaty, from which the relevant commitment arose, and does not contradict the essence of such an obligation.
4. Changing the conditions of the loan released into circulation is not allowed.
5. Rules on the state loan agreement are applied accordingly to loans issued by municipal education.
Article 818. Novation of debt to a borrowed commitment
1. By agreement of the parties, debt resulting from buying and renting or otherwise replaced by a borrowed commitment.
2. Replacing debt borrowed commitment is carried out in compliance with the requirements for innovation () and is committed in the form provided for the conclusion of a loan agreement ().
§ 2. Credit
Article 819. Credit Agreement
1. According to a loan agreement, a bank or other credit organization (creditor) undertakes to provide cash (credit) borrower in the amount and on the conditions provided for by the Treaty, and the borrower undertakes to return the money received and pay interest for using it, as well as the otherwise provided by the loan agreement Payments, including those related to the provision of a loan.
In the event of a loan to a citizen for purposes not related to the implementation of entrepreneurial activities (including a loan, the obligations of the borrower under which mortgage), restrictions, cases and features of the collection of other payments specified in the present paragraph of this paragraph are determined by the law on consumer credit (loan).
Change information:
Article 819 is supplemented with paragraph 1.1 from June 1, 2018 - Federal Law of July 26, 2017 N 212-FZ
1.1. If the loan is used in a debtor completely or partially to execute liabilities on the loan previously provided by the same creditor and in accordance with the Treaty of Credit used without enrollment on the debtor's bank account for execution of the previously provided loan, such a loan is considered provided from the receipt of the debtor from the lender in the manner prescribed by the debtor Treaty, information about the repayment of the previously provided loan.
2. The rules stipulated by paragraph 1 of this chapter are applied to the relations under the loan agreement, unless otherwise provided by the rules of this section and does not follow from the creature of the loan agreement.
Article 820. Form of the loan agreement
The loan agreement must be concluded in writing.
Failure to comply with the written form entails the invalidity of the loan agreement. Such an agreement is considered insignificant.
Article 821. Refusal to provide or obtain a loan
1. The lender has the right to refuse to provide a borrower provided for by the loan loan agreement in whole or in part in the presence of the circumstances apparently testifying that the amount provided by the borrower will not be returned on time.
2. The borrower has the right to refuse to receive a loan in a fully or partially, notifying the creditor to the period established by the term of its provision, unless otherwise provided by law, other legal acts or a loan agreement.
3. In case of violation by the borrower provided for by the loan agreement, the obligation of the target use of the loan () the lender is also entitled to abandon further lending to the borrower under the contract.
Change information:
Paragraph 2 complemented by Article 821.1 from June 1, 2018 - Federal Law of July 26, 2017 N 212-FZ
Article 821.1. Creditor's requirement about the early loan return
The lender has the right to demand an early return of the loan in cases provided for by this Code, other laws, and when granting a loan to a legal entity or individual entrepreneur Also in cases provided for by the loan agreement.
) Unless otherwise provided by the trade loan agreement.
Article 823. Commercial loan
1. Contracts, the execution of which is connected with the transfer to the property to the other party of money or other things determined by the generic signs, may be provided for the provision of a loan, including in the form of advance payment, deferred and installment of payment of goods, works or services (commercial credit ), unless otherwise established by law.
2. The rules of this chapter are applied to the commercial loan, unless otherwise provided by the Rules on the Treaty, from which the relevant commitment arose, and does not contradict the essence of such an obligation.
Article 807 of the Civil Code of the Russian Federation. Loan agreement
According to the loan agreement, one party (lender) transfers to the property to the other party (borrower) money or other things defined by generic signs, and the borrower undertakes to return the lender the same amount of money (the amount of the loan) or an equal number of things received by him of the same kind and quality .
The loan agreement is considered concluded from the moment of transferring money or other things.
Foreign currency and currency values \u200b\u200bmay be the subject of a loan agreement on the territory of the Russian Federation in compliance with the rules of Articles 140, 141 and 317 of this Code.
Article 808 of the Civil Code of the Russian Federation. Form of the loan agreement
The loan agreement between citizens must be concluded in writing if its sum exceeds at least ten times the minimum wage established by law, and in the case when the lender is a legal entity, regardless of the amount.
In confirmation of a loan agreement and its conditions, a borrower's detection may be presented or a different document certifying the transmission of a certain amount of money or a certain number of things.
Article 809 of the Civil Code of the Russian Federation. Interest under the loan agreement
Unless otherwise provided by law or the loan agreement, the lender has the right to receive interest from the borrower on the amount of the loan in size and in the manner defined by the contract. In the absence of a percentage condition in the contract, their size is determined by the existing lending area, and if the lender is a legal entity, at the place of its location of the banking interest (refinancing rate) on the day of payment by the borrower of the debt amount or its respective part.
In the absence of a different agreement, interest is paid monthly until the day of returning the loan amount.
The loan agreement is supposed to be interest-free if it does not directly provide for otherwise, in cases where:
The contract is concluded between citizens in the amount not exceeding the fifty-folding minimum wage established by law, and is not associated with the implementation of entrepreneurial activities at least one of the parties;
Under the contract, the borrower is transferred not to money, but other things defined by generic signs.
If the loan amount provided for interest in accordance with paragraph 2 of Article 810 of this Code is returned, the lender has the right to receive interest from the borrower under the loan agreement, accrued inclusive to the return day of the loan amount of the loan or part of it.
Article 810 of the Civil Code of the Russian Federation. Borrower Responsibilities Return a loan amount
The borrower is obliged to return the lender the resulting loan amount on time and in the manner provided for by the loan agreement.
In cases where the return period of the contract is not established or determined by the moment of demand, the loan amount must be returned to the borrower for thirty days from the date of presentation of the requirement of the requirement of this, unless otherwise provided by the contract.
Unless otherwise provided by the loan agreement, the amount of interest-free loan can be returned to the borrower ahead of schedule.
The loan amount provided under the percentage of a citizen's borrower for personal, family, home or other use, not related to business activities, can be returned to a borrower-citizen earlyly completely or in parts, subject to a notification about this lender for at least thirty days before the day Such a refund. The loan agreement can be installed a shorter period of notification of the lendency about the borrower's intention to return the money ahead of schedule.
The amount of the loan granted to interest in other cases can be returned early with the consent of the lender.
Unless otherwise provided for by the loan agreement, the loan amount is considered returned at the time of transferring its lender or enrollment of relevant funds to its bank account.
Article 811 of the Civil Code of the Russian Federation. Consequences of violation by the borrower of the loan agreement
Unless otherwise provided by law or the loan agreement, in cases where the borrower does not return the amount of the loan within a time, interest in the amount provided for by paragraph 1 of Article 395 of this Code, from the day when it had to be returned, until the day Its return to the lender, regardless of the payment of interest provided for in paragraph 1 of Article 809 of this Code.
If the loan agreement is provided for the return of the loan in parts (by installments), then when a borrower is violated, the period established to return the next part of the loan, the lender is entitled to demand the early return of the entire remaining loan amount along with interest due.
Article 812 of the Civil Code of the Russian Federation. Chairing a loan agreement
The borrower has the right to challenge the loan agreement on his trafficking, proving that money or other things in reality are not actually obtained by them from the lender or obtained in smaller quantity than indicated in the contract.
If the loan agreement must be perpetrated in writing (Article 808), his challenge for moneylessness through testimony is not allowed, except when the contract was concluded under the influence of deception, violence, threats, a malicious agreement of the representative of the borrower with a borrower or a propulsion of difficult circumstances .
If in the process of challenging the borrower of the loan agreement on its trafficking, it will be established that money or other things in reality were not obtained from the lender, the loan agreement is considered not disconnected. When money or things in reality are obtained by a borrower from a borrower in less than indicated in the contract, the contract is considered to be concluded for this amount of money or things.
Article 813 of the Civil Code of the Russian Federation. The consequences of the loss of providing the obligations of the borrower
When the borrower is not fulfilled by the loan agreement to ensure the return of the loan amount, as well as in the loss or worsening of its conditions in circumstances for which the lender does not respond, the lender is entitled to demand from the borrower of early return of the loan amount and paying interest, unless otherwise provided by the contract .
Article 814 of the Civil Code of the Russian Federation. Target Jam
If the loan agreement is concluded with the condition of use by the borrower of funds received for certain purposes (target loan), the borrower is obliged to ensure the possibility of carrying out the proceeding of control over the targeted use of the loan amount.
In case of non-fulfillment by the borrower, the Terms of the Loan Agreement on the targeted use of the loan amount, as well as in violation of the duties stipulated by paragraph 1 of this article, the lender is entitled to demand the borrower of the early return of the loan amount and paying interest, unless otherwise provided by the contract.
Article 815 of the Civil Code of the Russian Federation. Bill
In cases where, in accordance with the Agreement of the Parties, a borrower issued a bill, certifying any no obligation of the bill of exchange (a simple bill of exchange) or another payer specified in the bill of exchange (transfer bills) to pay money from the exchange amount provided for by the exchange rate, the relationship of the bill on the bill is regulated by law About the transfer and simple bill.
Since the issuance of the bill of exchange, the rules of this section can be applied to these relationships, because they do not contradict the law on the transfer and simple bill.
Article 816 of the Civil Code of the Russian Federation. Bond
In cases stipulated by law or other legal acts, the loan agreement can be concluded by issuing and selling bonds.
The bond recognizes the security certifying the right of its holder to receive from the person who has released a bond into the nominal value of the bond or other property equivalent. The bond provides its holder is also the right to receive a fixed interest in it from the nominal value of the bond or other property rights.
The relationship between the person who released the bond, and its holder, the rule of this paragraph is used to be extended, since otherwise not provided by law or in the manner prescribed.
Article 817 of the Civil Code of the Russian Federation. State loan agreement
Under the State Loan Treaty, the Borrower is the Russian Federation, the subject of the Russian Federation, and the bias is a citizen or a legal entity.
State loans are voluntary.
The State Loan Agreement is by acquiring a bonnet for issued government bonds or other state securities certifying the right to receive funds from a borrower or, depending on the terms of the loan, other property, established percentage or other property rights in the terms provided for in the Terms Release loan in appeal.
Changing the conditions of the loan released into circulation is not allowed.
The rules on the state loan agreement are applied accordingly to loans produced by municipal education.
Article 818 of the Civil Code of the Russian Federation. Novation of debt into a borrowed commitment
By agreement of the parties, debt resulting from buying and selling property or other base can be replaced by a borrowed commitment.
The replacement of debt borrowed obligation is carried out in compliance with the requirements for innovation (Article 414) and is committed in the form provided for the conclusion of a loan agreement (Article 808).
§ 2. Credit
Article 819 of the Civil Code of the Russian Federation. Credit contract
According to a loan agreement, a bank or other credit institution (creditor) undertakes to provide cash (credit) borrower in the amount and on the conditions provided for by the Agreement, and the borrower undertakes to return the amount of money and pay interest on it.
The relations under the loan agreement apply to the rules provided for by paragraph 1 of this chapter, unless otherwise provided by the rules of this section and does not follow from the creature of the loan agreement.
Article 820 of the Civil Code of the Russian Federation. Form of the loan agreement
The lender has the right to refuse to provide a borrower provided for by the loan agreement in whole or in part in the presence of circumstances apparently testifying that the amount provided by the borrower will not be returned on time.
The borrower has the right to refuse to receive a loan in a fully or partially, notifying the creditor to the period established by the term of its provision, unless otherwise provided by law, other legal acts or a loan agreement.
In case of violation by the Borrower, the obligation of the target use of the loan provided for by the loan agreement (Article 814) the lender has the right to also refuse to further lending to the borrower under the contract.
§ 3. Commercial and commercial loan
Article 822 of the Civil Code of the Russian Federation. Commercial Credit
Parties can be concluded an agreement providing for the duty of one Party to provide the other party the things defined by the generic signs (trade loan agreement). The rules of paragraph 2 of this chapter apply to such a contract, unless otherwise provided by such a contract and does not follow the obligation.
Conditions on quantities, about the assortment, about the packaging, about the packaging, about the packaging and (or) of the packaging of the goods provided should be executed in accordance with the rules on the contract for the sale of goods (Articles 465 - 485), unless otherwise provided by the trade loan agreement.
Article 823 of the Civil Code of the Russian Federation. Commercial credit
Contracts, the execution of which is related to the transfer to the property to the other party of money or other things determined by the generic signs, the provision of a loan may be provided, including in the form of an advance payment, deferred and installment of payment of goods, works or services (commercial credit), Unless otherwise established by law.
The rules of this chapter are applied to the commercial loan, unless otherwise provided by the Rules on the Agreement, from which the relevant commitment arose, and does not contradict the essence of such an obligation.
