Nadezhda Ermolaeva, a lawyer and expert of the “Left to Right” project, told how to lend money to guarantee its return.
According to the expert, when a person lends money to someone, he enters into a loan relationship, therefore, the relationship with the debtor will be governed by the rules of the Civil Code (CC).
From the moment the money is transferred, the loan agreement between citizens is considered concluded, but the Civil Code contains a number of reservations about its form. So, for amounts over 10 thousand rubles, the contract must be concluded in writing.
The presence of a debt is proved by written receipts, correspondence or other evidence, from which it is obvious “the nature of the relationship that has arisen between the parties”, as well as the obligation of the debtor to return the money.
The law also provides for special methods of ensuring the fulfillment of obligations; in practice, in practice, forfeit, pledge and surety are most often used between individuals. In all these cases, the agreement is in writing.
“If the condition of a forfeit, pledge or surety is not directly spelled out in the loan agreement, then the creditor will not be able to demand a refund at the expense of, for example, mortgaged property, or to apply to the guarantor, or to demand payment of the forfeit,” writes Prime in Monday, April 19.
Ermolaeva noted that the Civil Code provides for rules and restrictions for the application of these methods of securing an obligation.
So, the penalty can be reduced by the court in the event of its obvious disproportion to the unfulfilled obligation. Also, the surety has the right to demand compensation from the debtor, whose obligations he fulfilled to his creditor.
In addition, the surety has the right to dispute the obligations, as well as present objections to the creditor, even in cases where the debtor himself has unconditionally recognized the debt.
“In any case, when concluding a loan agreement, you must familiarize yourself with the relevant provisions of the Civil Code or consult with a specialist,” the lawyer concluded.
On April 11, expert Tatyana Reshetnikova said that paying part of the amount ahead of schedule would help to repay the mortgage without large overpayments. At the same time, it will be most profitable to take a mortgage loan not for a shorter period, but with a lower monthly payment.