ON THE ISSUE OF THE CONSENSUAL CONSTRUCTION OF A LOAN AGREEMENT
DOI:
https://doi.org/10.32461/2226-3209.1.2018.178171Abstract
Abstract. As it was repeatedly noted in the literature, Russian law is still at the stage of its formation. A large-scale change in the provisions of Russian legislation on the legal regulation of financial transactions should be considered as one of the proofs of the given thesis. In the paper, the author analyzes the amendments that came into force on June 1, 2018 in parts one and two of the Civil Code of the Russian Federation, according to which a loan agreement can now be concluded using a consensual model. The reforming of this provision should be recognized as a revolution in the legal regulation of loan legal relations. For millennia, the loan agreement was considered exclusively as a real agreement. Nevertheless, the author paid attention to the fact that even before the adoption of the above- mentioned amendments, a loan agreement could be considered consensual under certain conditions. In connection with the above, the author analyzed the provisions of the legislation, including foreign ones, as well as the points of view expressed in the scientific literature, and he has concluded that it would be useful to introduce a consensual loan into Russian legislation. But, even despite the recent editing of the provisions contained in Chapter 42 of the Civil Code of the Russian Federation, the author proposes to review a number of articles and to state them in a new edition.
Keywords: loan agreement, consensual loan, amendments to the Civil Code of the Russian Federation.
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