Model: Loan agreement

The loan agreement is regulated in provisions 657 and 658 of the Civil Code. By the loan agreement, the lender pays the debtor more than one type according to the type (ie not individually distinguishable) and the debtor undertakes to return the items of the same type after the expiration of the agreed period.

The subject of the loan is usually pensions, but it can also be other substitutable items. The usual subject of non-cash loans are various things (raw materials) for cooking and frothing, which sometimes in the household bugs the first time you decide to create something for the family on Sunday afternoon, and if it is far to the store or do not live in a city where shops are open. basically don’t look, then usually go to kamardm and neighbors for n. Not to buy, but to drink with the fact that right in Monday you drill.

Pjka is a so-called real contract, ie. for its emergence, it is necessary to really do things. If the subject of the loan is a pension, then their non-cash transfer in favor of the long-term loan, in such a case there would be no “physical” early pension. In the first place, more than one owns the ownership of the debt, which it is supposed to tell me, ie. and consume. After the expiration of the agreed period, when the loan becomes due and the debtor thus has the obligation to repay the debtor, the debtor returns another prepayment, which would be of the same kind. The maturity of the loan does not have to be agreed in the contract and in such a case the debtor is obliged to return the loan to the creditor (see provision 563 of the Civil Code). The maturity of the loan can be agreed in installments. If the subject is a pension, years can be arranged. If the subject of the loan is other than pensions, it is possible to arrange a city year that long drilling is either of the same type or of better quality.

The contract can be concluded stn

For the loan agreement, the civil form does not require the required form, ie. it can also be closed stn. One hundred types of purposes, usually pensions with the fact that it is agreed that the same amount, or. increased by the agreed year may sometimes in the future be due to the return of the debt.

If the long-term thing does not drill in the agreed period, the teacher can ask for a year from the delay. An unpaid loan can be enforced by a lawsuit in court, in which case the creditor is obliged to prove that the contract has been concluded and that the pension (or other things) to the debtor has actually been the principal. For these ely can only be recommended for a penitch loan issued confirmed by a pension. If the funds were provided as a loan to play or szky, it is not possible to demand the return of these pensions in court.

The terms “rental” and “rental” are used only for services which, by their nature, cannot meet the terms of the loan characteristics according to the Civil Code (eg sports equipment rentals such as skis or bicycles, DVD rentals or car rentals). In these cases, however, it must not be a loan, or the subject of the contractual relationship are things determined individually, with the debtor being obliged to drill the first individually determined thing he received, and in the case of the case, the debtor does not become its owner. In the case of these “rentals”, the contractual relationship is mostly in the sense of the provisions of 663 et seq. Obanskho konku.

Pjky in business sfe

In the case of bezron and roen loans, especially among business entities, you also need to make tax questions. The years obtained from the loan may be subject to income tax and on the other hand, especially among the so-called related parties, you must follow the rule that the years are agreed in the usual way.

When concluding contracts within the holding company, it is necessary to make sure that the special rules specified in 196a of the Commercial Code do not have to be complied with.

The provision of funds or deferred payment, for example in the form of a deposit, loan or purchase, rented for which the consumer is obliged to pay, is a consumer charge, which is subject to the provisions of the Act. 321/2001 Coll. in valid stamp This does not apply to a loan provided without a year or salaries.

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