North Caucasian branch of the Russian Academy of Justice
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FEATURES OF LOAN COMMITMENTS IN FINANCIAL OBLIGATIONS
Description
The article has examined the legal nature of borrowings. The author carries out a comparative legal analysis of debt obligations in comparison with the obligations arising from the contract of bank deposit, bank account agreement, loan agreement, factoring agreement, the insurance contract, the contract of storage. On the basis of a comparative research of the obligations arising from the loan agreement with the other financial liabilities we have determined the state of borrowings in the financial obligations. The author proves the general nature of the obligation of the loan in relation to other financial obligations. A contract of loan for the purpose of its subject and obligations arising from it is much closer to the lease contract and the loan, rather than to the same insurance contract or bank deposit. Borrowings are different from financial obligations only by the fact that its objects are things that contain generic characteristics, interchangeable and not individually defined, as it is in the case of contracts of property employment and loans. An important difference between the loan agreements from other financial instruments is the fact that in the loan agreement the property is transferred to the ownership and not in the possession and use of the borrower
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doc 126.099kb