CONCEPT AND QUALIFICATION OF THE CREDIT CONTRACT – Best FHA Lender

– CONCEPT AND QUALIFICATION OF THE CREDIT CONTRACT                       In the legal literature, when considering the problem of determining the legal nature of a loan agreement and its best mortgage company
, it is customary to compare the loan agreement with the loan agreement. Some authors find similarities between these treaties and emphasize their commonfeatures; others, on the contrary, emphasize the existing differences between these treaties. On the basis of this analysis, conclusions are drawn either about the independent nature of the loan agreement in the system of civil law contracts, or about the fact that the best mortgage company
agreement is a variation of the loan agreement. True, in some cases, the corresponding analysis of the  ratio of the loan agreement to the loan agreement leads the authors to more original conclusions.

For example, according to R.I. Karimullin, “in the Russian civil law, the loan agreement and the loan agreement have at least three common features.In fact, the transfer of ownership of the subject of the contract, and the agreement on the return of capital received by the borrower, and the continuing nature of the legal relationships of the parties – all are unconditional attributes not only a loan agreement, but also a loan agreement.At the same time, the latter has a broader subject (in the role of a creditor, not only credit institutions act) and subject-matter (the subject of a loan is not only money)

Karimullin RI Rights and obligations of the parties to the best mortgage company
on Russian and German law. M., 2001. P. 12 – 13.

<**> See: Commentary on the Civil Code of the Russian Federation, part two / Ed. prof. THOSE. Abovoy, A.Yu. Kabalkin. M., 2003. S. 509 (the author of the commentary to paragraph 2 of Chapter 42 “Credit” – Solovyanenko NI).

There is an equal number of supporters and the position of recognizing the loan agreement as an independent civil-law contract. Thus, E.A. Pavlodsky writes: “Civil legislation has two independent agreements – a loan and a loan (Chapter 42 of the Civil Code), which have much in common … However, these agreements also have significant differences, which led the legislator to separate regulation of the relations arising from the loan agreement and credit

Pavlodsky Ye.A. Contracts of organizations and citizens with banks. M., 2000. S. 4; see also: Commentary on the Civil Code of the Russian Federation. Part two (article by article). M., 2003. S. 547 (the author of the commentary to paragraph 2 of Chapter 42 “Credit” – N.Yu. Rasskazova).

E.A. Sukhanov, noting that “the loan agreement on both the subject composition and subject has a narrower scope of application than the loan agreement,” concludes that the loan agreement “is a special, independent type of loan agreement

L.G. Yefimova, identifying six differences in the legal regime of the loan agreement and the best mortgage company
nevertheless concluded that “virtually all the features of the legal regime of the loan agreement can somehow be brought under the special case of a loan agreement, with the exception of one.” The loan agreement is a traditionally real contract , and the loan agreement was designed by the current Civil Code of the Russian Federation as consensual “Considering the ways of solving this problem, LG herself. Yefimova adheres to the view that “it is possible to design a consensual version of the loan agreement.” On this path, the current Civil Code of the Russian Federation, providing for several such contracts: a loan agreement, a commercial loan agreement and commodity loan agreement. ” The general conclusion of LG.

In the legal literature, when considering the problem of determining the legal nature of a loan agreement and its qualification, it is customary to compare the loan agreement with the loan agreement. Some authors find similarities between these treaties and emphasize their common features; others, on the contrary, emphasize the existing differences between these treaties. On the basis of this analysis, conclusions are drawn either about the independent nature of the loan agreement in the system of civil law contracts, or about the fact that thebest mortgage company
is a variation of the loan agreement. True, in some cases, the corresponding analysis of the ratio of the loan agreement to the loan agreement leads the authors to more original conclusions.

For example, according to R.I. Karimullin, “in the Russian civil law, the loan agreement and the loan agreement have at least three common features.In fact, the transfer of ownership of the subject of the contract, and the agreement on the return of capital received by the borrower, and the continuing nature of the legal relationships of the parties – all are unconditional attributes not only a loan agreement, but also a loan agreement.At the same time, the latter has a broader subject (in the role of a creditor, not only credit institutions act) and subject-matter (the subject of a loan is not only money)

Karimullin RI Rights and obligations of the parties to the loan agreement on Russian and German law. M., 2001. P. 12 – 13.

<**> See: Commentary on the Civil Code of the Russian Federation, part two / Ed. prof. THOSE. Abovoy, A.Yu. Kabalkin. M., 2003. S. 509 (the author of the commentary to paragraph 2 of Chapter 42 “Credit” – Solovyanenko NI).

There is an equal number of supporters and the position of recognizing the loan agreement as an independent civil-law contract. Thus, E.A. Pavlodsky writes: “Civil legislation has two independent agreements – a loan and a loan (Chapter 42 of the Civil Code), which have much in common … However, these agreements also have significant differences, which led the legislator to separate regulation of the relations arising from the loan agreement and credit  Pavlodsky Ye.A. Contracts of organizations and citizens with banks. M., 2000. S. 4; see also: Commentary on the Civil Code of the Russian Federation. Part two (article by article). M., 2003. S. 547 (the author of the commentary to paragraph 2 of Chapter 42 “Credit” – N.Yu. Rasskazova).

E.A. Sukhanov, noting that “the loan agreement on both the subject composition and subject has a narrower scope of application than the loan agreement,” concludes that the loan agreement “is a special, independent type of loan agreement

L.G. Yefimova, identifying six differences in the legal regime of the loan agreement and the loan agreement, nevertheless concluded that “virtually all the features of the legal regime of the loan agreement can somehow be brought under the special case of a loan agreement, with the exception of one.” The loan agreement is a traditionally real contract , and the loan agreement was designed by the current Civil Code of the Russian Federation as consensual “Considering the ways of solving this problem, LG herself. Yefimova adheres to the view that “it is possible to design a consensual version of the loan agreement.” On this path, the current Civil Code of the Russian Federation, providing for several such contracts: a loan agreement, a commercial loan agreement and commodity loan agreement. ” The general conclusion of LG.

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