KFU. Card publication. About the Weak Party of the Loan Contract

KAZAN
FEDERAL UNIVERSITY

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ABOUT THE WEAK PARTY OF THE LOAN CONTRACT

Form of presentation

Articles in international journals and collections

Year of publication

2017

Язык

русский

Authors, employees of KFU

Arslanov Kamil Maratovich, author

Khabirov Artur Ilfarovich, author

Bibliographic description in the original language

Arslanov Kamil Maratovich, Khabirov Artur Ilfarovich. About the Weak Party of the Loan Contract // Astra Salvensis, Review of History and Culture Supplement. - 2017. - P.323-330.

Annotation

In work the question about which parties of the loan agreement it is necessary to recognise weak is considered Л conclusion is drawn that not only the borrower is weakness, but also the lessorin the presence of certain circumstances can be recognised by nmkness.lt is established that in a design o f the loan agreement the so-called «floating' model of weakness when depending on certain conditions Iry weakness it is necessary to recognise either the borrower or the lessor is used. On the basis o f the analysis o f the doctrine and jurisprudence authors prove a possibility of the use of the term «weakness”. further the question what of the parties in the obligation - the debtor or the creditor is investigated - it is necessary to recognise weak. Various approaches to the considered perspective are given. /According to traditional approach by weakness of the loan agreement recognise the borrower. However on the basis of the analysis of the current; legislation, opinions expressed in educational and scientific literature and jurisprudence authors find it possible to recognise as weakness of the loan agreement and the lessor. Statistical data, and also bills submitted for consideration of the State Duma of the Russian federation are provided in confirmation of this conclusion. On the basis o f the conducted research it is proved that the legislator recognises as weakness of the loan agreement by the general rule of the borrower, and in case of nonexecution by the borrower of the obligation for return oj a subject of a loan weakness the lessor admits.

Keywords

loan agreement, weakness, lessor, borrower, bilaterally binding character, rights of the borrower

The name of the journal

Astra Salvensis, Review of History and Culture Supplement

Please use this ID to quote from or refer to the card

https://repository.kpfu.ru/eng/?p_id=173288&p_lang=2

Resource files

File name	Size (MB)	Format
Statya_skopus.pdf	0,36	pdf	show / download

Full metadata record

Field DC	Value	Language
dc.contributor.author	Arslanov Kamil Maratovich	ru_RU
dc.contributor.author	Khabirov Artur Ilfarovich	ru_RU
dc.date.accessioned	2017-01-01T00:00:00Z	ru_RU
dc.date.available	2017-01-01T00:00:00Z	ru_RU
dc.date.issued	2017	ru_RU
dc.identifier.citation	Arslanov Kamil Maratovich, Khabirov Artur Ilfarovich. About the Weak Party of the Loan Contract // Astra Salvensis, Review of History and Culture Supplement. - 2017. - P.323-330.	ru_RU
dc.identifier.uri	https://repository.kpfu.ru/eng/?p_id=173288&p_lang=2	ru_RU
dc.description.abstract	Astra Salvensis, Review of History and Culture Supplement	ru_RU
dc.description.abstract	In work the question about which parties of the loan agreement it is necessary to recognise weak is considered Л conclusion is drawn that not only the borrower is weakness, but also the lessorin the presence of certain circumstances can be recognised by nmkness.lt is established that in a design o f the loan agreement the so-called «floating' model of weakness when depending on certain conditions Iry weakness it is necessary to recognise either the borrower or the lessor is used. On the basis o f the analysis o f the doctrine and jurisprudence authors prove a possibility of the use of the term «weakness”. further the question what of the parties in the obligation - the debtor or the creditor is investigated - it is necessary to recognise weak. Various approaches to the considered perspective are given. /According to traditional approach by weakness of the loan agreement recognise the borrower. However on the basis of the analysis of the current; legislation, opinions expressed in educational and scientific literature and jurisprudence authors find it possible to recognise as weakness of the loan agreement and the lessor. Statistical data, and also bills submitted for consideration of the State Duma of the Russian federation are provided in confirmation of this conclusion. On the basis o f the conducted research it is proved that the legislator recognises as weakness of the loan agreement by the general rule of the borrower, and in case of nonexecution by the borrower of the obligation for return oj a subject of a loan weakness the lessor admits.	ru_RU
dc.language.iso	ru	ru_RU
dc.subject	loan agreement	ru_RU
dc.subject	weakness	ru_RU
dc.subject	lessor	ru_RU
dc.subject	borrower	ru_RU
dc.subject	bilaterally binding character	ru_RU
dc.subject	rights of the borrower	ru_RU
dc.title	About the Weak Party of the Loan Contract	ru_RU
dc.type	Articles in international journals and collections	ru_RU