How to correctly lender or lender in a loan agreement. Borrower and lender. Who is it? Lender. Who is that

Lender- This is an individual, but more often a legal entity that lends its own funds to another person at a certain percentage.

In the field of banking organizations, lenders are banks that approve and issue various kinds of loans. But this is far from the same thing, since lenders can only issue a cash loan.

In other words, a lender is someone who gives a needy person the necessary amount of money at interest. The terms of the loan agreement are negotiated and considered always on an individual basis.

Lender activities

This activity is regulated by the Civil Code of the Russian Federation in chapter 42, paragraph 1 "Loan".

This paragraph contains 12 articles that characterize the concept of a loan agreement, its parties and describes how to properly comply with it. The loan agreement must indicate the parties involved in this process, and the amount transferred to the property from the lender to the borrower. Also, the contract specifies the time period in which the debt must be repaid, and the amount of interest is determined. The borrower must return exactly the same amount of money or a certain number of objects of good quality taken from him. The concluded agreement is considered valid from the moment the lender transferred the money to the borrower.

At present, lenders can be various people or organizations that may have a different name, for example, a private lender, but the essence of the lender does not change from a change in name.

A private creditor is a person who issues his own funds to citizens at a percentage set by him through a written application or receipt, which indicates all the obligations of the parties and the timing of the return of funds.

In most cases, he lends money against a certain realizable collateral - the thing that, in the event of the borrower's insolvency, can be easily and quickly sold on the market and return their own money.

If banking organizations issue loans based on the credit history and solvency of their customers, then lenders can turn a blind eye to these things and issue the required amount, but at a high percentage. The term for repayment of funds and the amount of interest is assigned by a private lender on an individual basis for each client.

Types of lenders

Lenders are divided into several types:

Newbie

These are lenders who have only recently entered the industry. The amount of money that they can provide is usually small - up to five thousand rubles and the repayment period does not exceed seven days. Similar amounts are issued on the security of an identity card and at an increased percentage.

These conditions are not particularly suitable for borrowers, but there are hopeless cases - and this is what beginner lenders use.

Small creditors

These lenders already have a certain client base and are constantly working on it. The amount of funds is already somewhat higher - up to 15 thousand rubles, and are also issued against the security of a passport. The repayment terms are already increasing to one and a half months, but the percentage remains high.

Medium lenders

The client base is already expanded, and decent amounts are issued - up to a million rubles. The repayment period is extended to one and a half years.

Large creditors

They are large and well-established companies that have good competition and reputation, they have a well-established large client network and the trust of borrowers. They can provide large sums of money at favorable interest rates for clients, regardless of their earnings, history of previous loans, etc. Such organizations are supported by sponsorship, thanks to which such lenders have the opportunity to pledge a fairly large amount of money.

Other persons

Also, the role of lenders can be played by people who will not require collateral when issuing a loan. It:

relatives and friends;
if the lender and the borrower have a mutual friend who will act as a guarantor;
if the friend of the borrower is a successful businessman who will play the role of a guarantor. In this case, the consent of the lender is required;
if the borrower has established himself as a diligent and responsible client, then the lender can go to meet him. Such decisions are made strictly individually.

Rights and obligations of the lender

Engaged in such activities, the lender has the right to:

receive interest on the money provided. Although such a clause is not always mandatory: sometimes the lender and the borrower enter into agreements where there is no interest on the loan;
write out penalties for delay in the period of repayment of funds;
observe and control the use of the issued money, provided that the funds were issued for specific purposes;
put forward requirements for the presence of collateral or a guarantor when issuing money;
if the borrower does not fulfill his own obligations specified in the loan agreement, the lender has the right to terminate the agreement unilaterally and demand the return of the remaining amount in a short time;
urge to repay the issued loan by transferring the collateral in whole or in part to the ownership of the lender.

The main and practically the only obligation of the lender is to provide the safety and integrity of the pledged property, provided that it passes to the lender for the period of repayment of funds. At the expiration of the loan repayment period, the lender is obliged to return it to the borrower in the proper form, in which it was received. Natural wear and tear is the only exception.

The legislation does not attribute the issuance of a loan to the obligations of lenders - no one obliges him to issue funds, he does this only by general agreement of the parties. But unlike private lenders, banking organizations are required to issue loans, and this is described in government legal documents. Provided that a loan agreement was concluded between the bank and its client, which is one of the types of loans, the bank must issue credit money without fail.

How to protect yourself from scammers

In the modern world, there are a lot of similar organizations that want to help ordinary citizens solve their financial problems, of course, not to the detriment of themselves. But in addition to long-standing lenders, the market is full of fraudulent organizations that are constantly looking to “swindle” their customers. Such companies can be calculated independently with the help of some knowledge about honest creditors:

they will never ask clients to draw up a loan agreement on their own - well-established organizations have long had a correctly executed legal agreement;
they will never ask to pay for notary services;
they will never ask to pay for the services of experts or a commission;
they do not need a credit history;
they don't ask you to buy sickness or insolvency insurance.

If a person turned to an organization for issuing money and heard at least one of these points, then most likely this organization is a scammer and should be bypassed.

It is impossible to fully understand all the nuances of the world of finance if you do not have an idea about the parties to a particular transaction. It will be about the parties to the loan agreement and the loan agreement. Lender and borrower - who are they, what rights and obligations are they endowed with?

Who is a borrower?

Under the loan agreement, the borrower receives funds from the lender in temporary ownership, and undertakes to return them with interest - this is an indispensable condition for the loan.

And under a loan agreement, the borrower can become the temporary owner of not only money, but also any so-called consumable things (sugar, matches, etc.), and the loan can be free of charge, which is impossible for a loan. In this case, the second party to the transaction is the lender.

A natural or legal person can act as a borrower, and in some cases a banking institution also becomes a borrower. A vivid example of this is the acceptance of deposits from the population. Here the bank becomes a borrower, who, after a certain time, returns the money to the client with interest for their use (accrued interest on the deposit).

So what is a borrower? Simply put, a borrower is a debtor who has obligations to the other party to the transaction to return the money or things received on credit (loan).

The main obligation of any borrower is to return the loan object in full within a strictly specified period or in parts, if this is possible due to the physical properties of the borrowed thing and provided for by the contract. In addition, the obligation of the debtor is to pay remuneration for the provision of a loan, if the contract is concluded on the terms of compensation, as well as penalties and fines in case of late performance of obligations.

In addition to obligations, the borrower also has the right to:

1. Refuse to receive a loan or loan at any time before the actual transfer of money or borrowed things to him. In this case, the lender is not entitled to collect fines for refusing to receive a loan.

2. Not to pay fees and other commission payments that were accrued and presented for payment in violation of the current legislation.

4. Do not fulfill the creditor's demand for early repayment of the debt if the borrower's financial situation has recently deteriorated significantly (loss of a job or a significant decrease in income).

5. Receive certificates on the state of the loan account (in relation to loans and cash loans) free of charge.

6. Challenge the loan agreement on the grounds enshrined in the law.

For all disputes that arise, the borrower can apply to the court in the region of his residence. In some loan agreements, financial institutions prescribe a provision that all litigation is considered at the location of the bank. These paragraphs are contrary to legislation that allows the borrower to choose which court he will apply to.

Those wishing to learn more about the legal rights of the borrower are sent to the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated September 13, 2011 No. 146 “Review of judicial practice on certain issues related to the application of administrative liability to banks for violating consumer protection legislation when concluding loan agreements » .

Lender. Who is that?

The lender is the party to the transaction that transfers the subject of the loan (money or things) to the borrower under the loan agreement. In banking terminology, creditors (i.e. banks) can be called lenders (i.e. banks) issuing a cash loan to the applicant, but this is not entirely correct, since a loan and a loan are not exactly the same thing (we already talked about this above).

The lender has the right:

1. Receive interest for a loan. But this does not mean that interest payments will become a prerequisite. After all, the parties can enter into gratuitous agreements on which interest is not charged.

2. Collect fines and penalties for overdue loan repayment.

3. Demand that the loan be secured by a surety or collateral.

4. Control the purpose of spending the loaned funds, if the loan was issued for specific purposes.

5. In case of untimely fulfillment of obligations by the borrower, misappropriation of borrowed resources or in case of loss of collateral, terminate the contract unilaterally, while demanding early repayment of the remaining debt.

6. Claim repayment of the loan against collateral (in whole or in part).

7. Conclude (assignment of the right to claim the debt to a new creditor), if the borrower gives his consent.

Perhaps the only responsibility of the lender is to ensure the safety of the pledged property, if such is provided for in the loan agreement. After the final settlement with the borrower, the collateral must be returned to the previous owner in the form in which it was transferred. The only exceptions are cases of natural wear and tear.

The legislator does not consider the granting of a loan to be an obligation of the lender. In other words, no one is obligated to lend. And there are no "BUT" and other exceptions. However, for the creditor bank, such an obligation is enshrined in the legal framework. If we are talking about a loan agreement, which is a type of loan agreement, a banking institution is obliged to lend money on the basis of an agreement signed by it with a client.

Sometimes in use you can find a synonym for the word lender - lender. Moreover, some dictionaries note that lender is an obsolete word. But since it is used in the Civil Code, in particular, in Article 807 of the Civil Code of the Russian Federation “Loan Agreement”, this form should be followed in colloquial and written speech.

Give in debt, lose friendship

When lending to a particularly close person, relative or friend, people are confident that the debt will be repaid in a timely manner. But often the debt is not only not returned by the appointed date, but the debtor does not answer the phone, stops communicating with you and at some point you understand that if you do not make an effort, then you can forget about the debt.

You begin to seek advice from a lawyer, prepare documents for the court, and at this preparatory stage it turns out that you have nothing against the debtor in your hands. After all, it was somehow not convenient to draw up a debt on paper from a relative or from a friend with whom they have known since school. But the fate of the debt in the event of a trial depends on how legally competently the documents (receipt, loan agreement) are drawn up.

This article will focus on the main points of the loan, the rules of "borrowing" and "repayment of the debt." Not tricky advice given in the article will help you to build a "debt relationship" competently.

So what is debt? Debt is money or other property that a person or entity receives in exchange for a promise to pay a specified amount at a specified future date, with or without interest.

The person who lends money is called the lender. And the person who borrows is the borrower.

According to paragraph 1 of Art. 807 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), the subject of a loan may be money or other things defined by generic characteristics (for example, building materials, gasoline, food, etc.). If the borrower has received money on a loan, he is obliged to return the same amount to the lender, and if he has taken things, he returns an equal amount of the latter of the same kind and quality. It is impossible to return things instead of money, and, conversely, in such cases we are talking about a contract of sale.

If you are faced with a choice, to lend in rubles or in foreign currency, be aware that, according to Art. 317 of the Civil Code of the Russian Federation, monetary obligations must be expressed in rubles.

A monetary obligation may provide that it is payable in rubles in an amount equivalent to a certain amount in foreign currency or in conventional monetary units (ecu, "special drawing rights", etc.). In this case, the amount payable in rubles is determined at the official exchange rate of the relevant currency or conventional monetary units on the date of payment, unless a different exchange rate or another date for its determination is established by law or by agreement of the parties.

Thus, the mention of a foreign currency can appear in a loan agreement or an IOU only as an equivalent at the rate of the Central Bank of Russia, that is, a person takes a loan at the rate on the day the contract was concluded, and promises to repay the debt at the rate that will be at the time of repayment.

The form of the loan agreement between citizens depends on the amount of the loan. In cases where the lender is a legal entity, compliance with the written form is mandatory.

A loan agreement between citizens is drawn up in writing if the loan amount exceeds at least ten times the minimum wage established by law.

The calculation of payments for civil law obligations, established depending on the minimum wage, is 100 rubles. (Federal Law of the Russian Federation of June 19, 2000 No. 82-FZ "On the Minimum Wage").

Thus, when lending more than 1,000 rubles, citizens are required to draw up a written loan agreement.

A loan can be issued by drawing up a receipt or a loan agreement.

The receipt is drawn up in any form, it is preferable if its text is written by hand. The listing states:

date and place of issue of the receipt;
Name of the lender and borrower;
passport details of the parties (lender and borrower);
addresses of registration and actual residence of the parties;
loan amount in rubles;
term for repayment of the debt (money);
signature and transcript of the signatures of the parties.

It is not necessary to certify the receipt with a notary, a notarized receipt has no additional legal force.

Instead of a simple receipt, you can draw up a loan agreement, which must contain:

date of conclusion;
the moment the contract enters into force;
Name of the lender and borrower;
registration addresses of the parties;
the passport details of the parties;
the amount of the debt;
loan repayment period.

Additional terms and conditions may also be included in the agreement, such as:

guarantees;
guarantors;
penalties for each day of delay in payment of the debt;
interest rate for the use of money.

The loan agreement is drawn up in two copies, one copy is transferred to the lender, the second - to the borrower. If the contract is drawn up in one copy, then its presence with the lender confirms the existence of the debt, and the presence of the borrower confirms that the debt has been repaid.

The loan agreement does not require mandatory notarization. However, no one prevents the parties from contacting a notary who will draw up a loan agreement and certify it. Including the notary will establish the identity of the applied citizens, check whether the requirements of the parties contradict the current legislation.

When notarized, the loan agreement is drawn up in triplicate. The third copy of the contract is kept by the notary. There is a positive point in this, in case of loss or theft of your copy of the contract, you can always get a duplicate of the contract from a notary.

Failure to comply with the written form of the loan agreement does not entail its invalidity, however, in this case, the parties are not entitled, in the event of a dispute, to refer to evidence of the transaction and its conditions, but does not deprive them of the right to provide written and other evidence.

The loan agreement can be reimbursable and gratuitous.

The law establishes an interest-free loan, unless it expressly provides otherwise, in two cases:

the contract is concluded between citizens for an amount not exceeding fifty times the minimum wage established by law, and is not related to the implementation of entrepreneurial activities by at least one of the parties;
under the contract, the borrower is transferred not money, but other things defined by generic characteristics.

If the contract does not directly provide that the borrower pays interest for the use of funds and the borrower's obligation is limited only to repay the loan amount, then this is a gratuitous loan agreement. However, the lender even in this case is entitled to interest. According to Art. 809 of the Civil Code, in the absence of a clause on the amount of interest in the agreement, their amount is determined by the bank interest rate (refinancing rate) existing at the place of residence of the lender on the day the borrower pays the amount of the debt or its corresponding part.

Thus, when applying to the court to recover the debt by force, the lender has the right to recover, in addition to the loan amount, the amount of interest.

If the agreement establishes interest on the loan amount, then the agreement is paid.

The amount and procedure for paying interest is determined by the agreement. As a general rule, interest is paid monthly until the day the loan amount is repaid, however, the agreement may provide for a different procedure when interest is payable, for example, once every two months, per quarter, or at a time along with the repayment of the debt amount, etc.

The main obligation of the borrower is to return to the lender the amount of the loan received within the period stipulated by the agreement (repay the debt).

In accordance with Art. 810 of the Civil Code, in cases where the repayment period is not established by the agreement or is determined by the moment of demand, the loan amount must be returned by the borrower within thirty days from the date the lender makes a request for this, unless otherwise provided by the agreement.
The requirement is drawn up in any form, the main thing is to indicate the amount and term for repaying the loan. The demand to return the debt is sent to the borrower by mail with a valuable letter with notification. Thus, in the hands of the lender will be an inventory of the attachment, indicating the content of the sent letter and a notification proving that the letter was received by the debtor. The demand for repayment of the debt can be handed over to the debtor in person, while the debtor must sign the receipt of the demand, including on the copy of the lender, affixing the date and decoding of his signature. These documents will be evidence in court that the deadline for repaying the debt has expired.

The interest-free loan amount can be repaid by the borrower ahead of schedule. The amount of a loan granted at interest may be repaid ahead of schedule only with the consent of the lender. This is due to the fact that, having received the loan ahead of schedule, the lender loses interest.

The loan amount is considered returned at the time of its transfer to the lender or the transfer of the relevant funds to his bank account.

If the borrower does not repay the debt within the appointed time, the lender has the right to demand payment of interest that is accrued for violation of the loan repayment period. So, according to Art. 395 of the Civil Code for the use of other people's funds due to their unlawful retention, evasion of their return, other delay in their payment, interest on the amount of these funds is subject to payment. The amount of interest is determined by the discount rate of bank interest existing at the place of residence of the lender on the day of fulfillment of the monetary obligation or its corresponding part.

These rules apply unless a different amount of interest is established by the agreement or receipt.

If the contract or receipt provides for a penalty for late repayment of borrowed funds, then interest is not subject to accrual.
Interest is accrued from the day the loan was supposed to be repaid until the day it was returned to the lender.

Such interest is charged regardless of the interest for the use of the loan, which was discussed above.

Thus, the total amount of funds to be returned in the event of a breach by the borrower of its obligations consists of three parts:

loan amount;
interest set for the use of borrowed funds;
interest accrued for violation of the deadline for repayment of borrowed amounts.

In order to protect yourself from problems with debt collection, we recommend using collateral and surety as security for the borrower's obligations.

Under a pledge agreement, the borrower pledges any property that he cannot dispose of (sell, donate, pledge to another lender) without the consent of the lender until full settlement. If the debtor fails to fulfill the obligation to repay the debt, the lender has the right to receive satisfaction from the value of the pledged property preferentially over other lenders of the person who owns this property.

If the pledge agreement does not say anything about where the pledged property will be located, then, as a general rule, it remains with the borrower.
Under a surety agreement, the guarantor is obliged to the lender (creditor) of the borrower to be responsible for the fulfillment by the latter of his obligations in full or in part.

If the debtor fails to perform or improperly performs the obligation secured by the surety, the surety and the debtor shall be jointly and severally liable to the creditor, unless the surety agreement provides for subsidiary liability of the surety.

The guarantor is liable to the lender (creditor) to the same extent as the debtor, including the payment of interest, reimbursement of legal costs for collecting the debt and other losses of the lender (creditor) caused by the debtor's failure to perform or improper performance of the obligation, unless otherwise provided by the surety agreement.

The guarantor who fulfilled the obligation of the debtor shall transfer the rights of the lender under this obligation and the rights that belonged to the lender as a pledgee, to the extent that the guarantor satisfied the claim of the lender. The guarantor is also entitled to demand from the debtor the payment of interest on the amount paid to the lender and compensation for other losses incurred in connection with the debtor's liability.

Upon fulfillment by the guarantor of the obligation, the lender is obliged to hand over to the guarantor the documents certifying the claim against the debtor and to transfer the rights securing this claim.

To increase the likelihood of repayment of the debt, the lender can use both methods of securing the performance of the obligation at once.

The loan agreement is considered concluded from the moment of transfer of money or other things. That is, until the transfer of money or things, the loan agreement is considered not concluded.

The promise to lend does not entail any legal consequences. A loan condition, even if agreed upon by the parties, is null and void, and the lender cannot be compelled to issue a loan and is not liable for failure to provide the borrower with the promised funds.

If the money is lent on a receipt, it must necessarily indicate that the borrower received the money. If a loan agreement is drawn up, then the same phrase must be present in it. If the contract is signed before the money is actually transferred, then a receipt is also written to the contract, in which the parties confirm the fact of the transfer of money.

When transferring money to the borrower, witnesses may be present, whose testimony in the event of a dispute will be, along with a receipt, another proof of the conclusion of the loan agreement.

If the loan agreement is certified by a notary, then it is better to transfer money in the presence of a notary. Then, in the person of a notary, you will have a reliable witness confirming the transfer of money.

The question of debt repayment also deserves attention. Often, we just pay back the debt and think that it's all over. However, nothing prevents the lender from going to court stating that the debt has not been returned. How can the borrower prove the opposite, if there is no written proof of the return of money on hand and the fact of the transfer of the debt has not been certified by anyone? The borrower's ignorance of how the return of money is properly processed is successfully used by fraudulent lenders to receive the same debt twice.

At the time of repayment of the debt, the lender is obliged to return to the borrower the original receipt of the borrower, according to which the debt was taken. In addition to the return, the lender must personally write on the receipt that the debt has been repaid in full.

If for some reason the receipt cannot be returned, then the lender must issue a receipt to the debtor in receipt of the debt. In such a receipt, the lender must indicate the reason for the impossibility of returning the borrower's receipt. If the contract was drawn up by a notary, the refund must also be made in this notary's office, making an appropriate mark on all copies of the contract.

The smaller the delay, the more effective the work with debtors in order to repay the debt.

If the time has come to repay the debt, but the borrower asks to defer payment first for a couple of days, later for a month, and then disappears altogether, you need to go to court.

The limitation period for claims for debt collection is 3 years, which usually (but not always) is calculated from the date of debt repayment indicated in the receipt. After this period, the court may refuse to satisfy the claim.

There are several ways to force the return of a loan:

appeal to law enforcement agencies with a statement on the initiation of a criminal case under Art. 159 of the Criminal Code of the Russian Federation (fraud), art. 176 of the Criminal Code of the Russian Federation (illegal receipt of a loan), art. 177 of the Criminal Code of the Russian Federation (malicious evasion of repayment of accounts payable). Criminal proceedings are more dynamic and more efficient than court proceedings. Measures of administrative coercion can be applied to the debtor, such as arrest, recognizance not to leave, and others.

filing a claim with the court for the recovery of debt under a loan agreement. The application is submitted to the court at the place of registration of the debtor, if the place of permanent registration of the debtor is unknown, then at the location of his property or at his last known place of residence.

Simultaneously with the statement of claim for debt collection, it will not be superfluous to file a petition to seize the debtor's property, because before the court decision enters into legal force or initiation of enforcement proceedings, the debtor can hide all property (sell, transfer to relatives, etc.).

It is important that as a result of judicial recovery, not only the amount of the debt is recovered from the debtor, but also penalties and fines provided for by the contract or interest for the use of funds established by the Civil Code of the Russian Federation.

filing an application with the court for the issuance of a court order. The application is submitted to the court at the place of registration of the debtor.
If the amount of the debt does not exceed 100,000 rubles, the application is submitted to the justice of the peace, claims with amounts in excess of this amount - to the district court at the place of residence of the debtor.

Enforcement of judicial acts is carried out by the bailiff service.

Having won the debt collection court, the lender receives a writ of execution in his hands, which, like a court order, will need to be transferred to the bailiff service to initiate enforcement proceedings, i.e. for forced repayment of a debt.

A writ of execution may be presented for execution within three years from the date of entry into force of a judicial act. Court orders may be presented for execution within three years from the date of their issuance.
The bailiff will need to identify the debtor, find his actual location, property, if necessary, organize his search and search for his property, send requests to the traffic police, the Ministry of Taxation, and other bodies.

If the debtor fails to fulfill the requirements contained in the writ of execution without good reason, the bailiff has the right, at the request of the applicant or on his own initiative, to issue a ruling on a temporary restriction on the debtor's departure from the Russian Federation (Article 67 of the Federal Law of 02.10.2007 No. 229- Federal Law "On Enforcement Proceedings"). If the debtor does not voluntarily execute the court decision and does not return the debt within the period established by the bailiff-performer, then the bailiff, at his discretion, has the right to apply the following enforcement measures to the debtor:

foreclosure on the debtor's property, including cash and securities;
foreclosure on periodic payments received by the debtor due to labor, civil law or social legal relations;
foreclosure on the property rights of the debtor, including the right to receive payments for enforcement proceedings in which he acts as a recoverer, the right to receive payments for hire, rent, as well as exclusive rights to the results of intellectual activity and means of individualization, the right to claim under agreements on the alienation or use of the exclusive right to the result of intellectual activity and means of individualization, the right to use the result of intellectual activity or means of individualization, owned by the debtor as a licensee;
seizure from the debtor of property awarded to the recoverer;
seizure of the debtor's property held by the debtor or third parties, in pursuance of a judicial act on the seizure of property.

Foreclosure on the debtor's property is levied primarily on his funds in rubles and foreign currency and other valuables, including those on accounts, in deposits or in storage with banks and other credit organizations. In the absence or insufficiency of the debtor's funds, execution is levied on other property. In accordance with Art. 446 of the Civil Procedure Code of the Russian Federation, execution cannot be levied on the following property of the debtor, which belongs to him by right of ownership:

residential premises (its parts), if for a citizen-debtor and members of his family living together in the premises owned, it is the only premises suitable for permanent residence, except if it is the subject of a mortgage and, in accordance with the legislation on mortgage, may be levied;
land plots on which residential premises are located, except if they are the subject of a mortgage and execution may be levied on it in accordance with the legislation on mortgage;
items of ordinary home furnishings and household items, items for individual use (clothes, shoes and others), with the exception of jewelry and other luxury items;
property necessary for the professional occupation of a citizen-debtor, with the exception of items whose value exceeds one hundred minimum wages established by federal law;
used for purposes not related to the implementation of entrepreneurial activities, breeding, dairy and working cattle, deer, rabbits, poultry, bees, feed necessary for their maintenance until pasture (leaving for an apiary), as well as outbuildings and facilities necessary for their content;
seeds needed for the next sowing;
food and money for a total amount not less than the established subsistence level of the debtor citizen himself and his dependents;
fuel needed by the family of the debtor citizen for cooking their daily food and heating during the heating season of their living quarters;
means of transport and other property necessary for the citizen-debtor in connection with his disability;
prizes, state awards, honorary and commemorative signs awarded to a debtor citizen.

The bailiff seizes the property and sells it. The amount necessary to repay the debt will be transferred to the lender after the sale of the seized property.

If the debtor does not own anything, then the bailiff will close the proceedings due to the impossibility of recovery. However, the writ of execution, the court order are valid for 3 years, which means that during this period the lender has the right to initiate enforcement proceedings again, if there are grounds for this. For example, the lender learns that the debtor has got a job or purchased a car.

In conclusion, I would like to draw attention to the fact that the actions of citizens in the systematic provision of interest-bearing loans can be qualified under Art. 172 of the Criminal Code of the Russian Federation as carrying out banking activities (banking operations) without registration, if this act caused major damage to citizens, organizations or the state or is associated with the extraction of income on a large scale and is punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of one to two years, or by deprivation of liberty for a term of up to four years, with or without a fine in the amount of up to eighty thousand rubles or in the amount of the salary or other income of the convicted person for a period of up to six months.
Therefore, when lending at interest, remember that if this activity becomes systematic for you, you may be accused of usury.3. Civil Procedure Code of the Russian Federation No. 138-FZ dated November 14, 2002 (as amended on November 25, 2008);
4. Criminal Code of the Russian Federation of June 13, 1996 N 63-FZ (as amended on December 30, 2008);
5. Federal Law of 02.10.2007 N 229-FZ "On Enforcement Proceedings" (as amended on 30.12.2008);
6. Federal Law of June 19, 2000 N 82-FZ "On the minimum wage" (as amended on June 24, 2008, as amended on 27

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How to write (say) correctly: “The Lender transfers funds to the Borrower’s ownership?” Or:
“The Lender transfers the funds to the Borrower’s ownership?”
Thank you. Elya.
-Elya-

Correct: transfers ownership to the Borrower.

The lender has not been corrected.

Conclusion of the Loan Agreement. Two parties - "Borrower" and "Lender" (or "Lender"?) The Lender (?) provides the Borrower with a Loan (or "LOAN"?). Sincerely, Kornetova L.Z.
Kornetova

The answer of the reference service of the Russian language

That's right: _ lender, loan_.

Big explanatory dictionary
LENDER, -vtsa, m. Legal.
The person who gave the loan; creditor.

orthographic dictionary
lender, -vca, tv. -vcem

Big explanatory dictionary
LENDER, -vtsa, m. Obsolete. = Lender.

Didn't realize it was outdated. or loan.

Reference questions nos. 169810, 170179, 176891, 179695, 223177: in all "lender" vs. "lender".

And in the textbook by Ivakin N.N., “Fundamentals of judicial eloquence (rhetoric for lawyers)”, 2007, there are many examples of the features of professional legal language, which are quite at odds with the rules of P-56.
We'll probably have to treat "loan" and "lender" as legal terms.

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N.I. Grech (1840) wrote:

“In all languages, the business and legal style is known for its barbarism and stubbornness in preserving the dilapidated, wild forms in which the sneak lives and flourishes. In England, at lawyers' feasts, the first toast is pronounced: long live the incomprehensibility of laws! ".

fililog wrote:

Litter "Obsolete." refers to the word LENDER.

And the statistics on Google speak in favor of Y. I will have to do it with Y.

The expression "Statistics" on Google" is safer to use with double quotes, because the statistics of the National Corps say the opposite.
in general, decent authors use the word "lender" only in legal documents, the rest of the literature abounds with lenders. The Bible in this sense is also not considered a code, just like Lopatin's dictionary.

Have legal dictionaries codified such a (lender) spelling? Or do they still have a lender?

I proceeded from the note legal. in the Explanatory Dictionary. But I decided to check that in the legal. And there:

In the dictionary of financial terms - the lender:

Can't figure out how to write "lender" or "lender"? Modern dictionaries and explanations by a linguist will help us find the answer to this question. Let's turn to them.

The presented nouns, according to modern spelling standards, are written with "and" - the lender and the lender.

If we open spelling dictionaries, we will find there various spellings of the noun meaning "lender". But linguists give explanations about this case.

The suffixes of both the first and second options correspond to the norm, but the first part of the word has changed. Previously, these lexemes were written with "y", but the norm has changed, so you need to write "and" in both cases.

My lender promised to lower the interest.
A successful lender can afford a lot.

The spellings of these words with "y" are considered obsolete - the lender and the lender.

Hello! My name is Lampobot, I am a computer program that helps to make a Word Map. I can count very well, but so far I have a poor understanding of how your world works. Help me figure it out!

Thank you! I will definitely learn to distinguish widely used words from highly specialized ones.

How clear and common is the word power (noun):

(all offers)

For example, the parties to a loan agreement live in remote locations; the lender may well indicate in the contract (or a separate agreement) on the consideration of disputes on this issue at his place of residence.

And, perhaps, the lender did not suffer any losses due to the delay in repayment of the debt, nevertheless, the very fact of unjust enrichment is obvious, and p.

In the absence of such an agreement, the lender will be obliged, in the event of a dispute, to apply to the court at the place of residence of the borrower, which, of course, causes certain inconveniences for the lender.

Online thesaurus with the ability to search for associations, synonyms, contextual relationships and example sentences for words and expressions in the Russian language.

Reference information on the declension of nouns and adjectives, conjugation of verbs, as well as the morphemic structure of words.

The site is equipped with a powerful search engine with support for Russian morphology.

In this issue we explain how to speak and write correctly: loan or loan, lender or lender. We also tell you where the strange expression “do not bury talent in the ground” came from. Is it possible to literally bury your abilities?

What can be borrowed

How to call the amount that is given or, conversely, borrowed? Loan or loan? Economic dictionaries and normative documents in this case contradict each other. But the dictionaries of the Russian language give an unambiguous answer: when the word is in the nominative or accusative cases of the singular, one must speak and write "loan". In other cases and in the plural, "y" appears.

Long-awaited loan received loans.
Amount of loan, loans.
Interest on loans, on loans.
Pay off loans.
Pay with loans, loans.
Ask for a loan, for loans.

Adjectives always use "ё": borrowed funds. The parties to the transaction are called "borrower" and "lender"(or "lender"). And not a “lender” at all - although such a word is used in the Civil Code of the Russian Federation, this is not true from the point of view of the canons of the language.

Is it possible to bury talent

Why do they say "do not bury talent in the ground"? And if you drown talent in the river, burn it in the fire? The fact is that initially the word "talent" meant money. Since the VI century BC, the largest weight and monetary unit of Ancient Rome was called (from the Latin talentum). The talent contained as much as 26.2 kg of silver. Who will destroy such wealth? Burying a treasure is another matter!

The expression itself came from a parable retold in the Gospel of Matthew (chapter 25, verses 14 to 30). A certain master, before a long trip, instructed his slaves to take care of his savings. He gave five talents to one slave, three to the second, and one to the third. The first and second slaves gave money on interest. The latter buried the talent in the ground. When the master returned, the first two slaves (those with a commercial streak) presented him with twice as much money as they received. The master scolded the third slave: “Cunning slave and lazy! You should have given my money to the merchants, and I would have received mine with a profit when I came.”

Theologians interpret this passage of the Bible as follows: Jesus Christ transmits his teaching to his followers, so that they, in turn, preach it to other people. And as "percent" you should do good deeds.

From the name of money and this parable came the name of human abilities - talent. Christians consider it a gift from God. We must not let it die out, we must tirelessly take care of it: develop, increase.

By the way, the same similarity of names gave rise to the expressions “spend talent”, “exchange talent”.