loan agreement - an agreement under which one person transfers a thing for gratuitous use for a certain period the other side, and the latter is obliged to return it in the condition in which it was received, taking into account depreciation.This transaction falls into the category of contracts for the transfer of property in use.Its position can be adjusted by the same points as the lease agreement, but at the same time, the differences between these agreements still there.This agreement is still often referred to as "the contract for temporary use."
parties and the object of the contract
Parties under this agreement are:
- lender - owner of the thing (the authorized person) to be transmitted.It is worth noting that when you change the person's loan agreement is not terminated.
- borrower - a person who obtained the right to use a particular thing (things).
The law does not specify what specific facilities can be transferred with the agreement of the loan.The main thing is that these things have been clearly defined and specified in the contract.For example, if transmitted to a piece of equipment, it is important to register in the document, all its characteristics (name, number, year, price and so on. D.).
loan: the agreement
form of the transaction must be written in such cases:
- One of the members is a legal entity.
- project cost loans exceeds the minimum wage by 10 times.
A very important condition of the deal is its gratuitousness (ie free).If the subject for the use of the loan will be charged, then it will be a lease.Contract loans can be either fixed-term or indefinite.But if one of the parties decides to terminate the agreement, it shall notify the past month to the other.
contractual obligation
lender shall:
- transfer a thing that does not have any defects (if there are deficiencies, specify it);
- warn the beneficiary rights of third parties on this subject;
- if things go to Accessories, pass them along with it;
- peredostavit property, which corresponds to the terms of the agreement.
borrower must:
- to use the object for its intended purpose and in accordance with the provisions of the contract;
- to maintain the thing in good condition, as well as to carry out overhauls, repairs, if necessary;
- not to pass the subject without the consent of the owner of other persons;
- after the expiry of the lender to return the item.
Termination
loan agreement is terminated on such grounds:
- expiration;
- death of the borrower or the liquidation of the organization (if a legal entity);
- rejection of the contract by one of the parties (if a perpetual agreement);
- other conditions (if specified in the agreement).
transaction can be terminated prematurely under these circumstances:
- the recipient does not use things for its intended purpose;
- the deterioration of the object;
- loan recipient, the transfer of assets to other entities;
- transfer lender faulty things unwarned about other persons at her, and for her failure to accessories or documents to it.
