Publicado en 3C Empresa – Volumen 9 Número 3 (Edición 43)
The aim of this paper is to investigate the bilateral responsibility character of the loan agreement. At the heart of a research there is a method of the analysis of the existing Russian legislation and law-enforcement practice and the existing European standards for legal unification. Results revealed that the rights of the lessor can be subdivided on precontractual and contractual. The right to reliable information about the borrower belongs to precontract laws of the lessor; right for coordination of contractual conditions. Moreover, it is necessary to differentiate the contract monetary and the contract of a commodity (real) loan in connection with differences in a set of the bilateral rights and duties of the lessor and borrower. In conclusion, in the pre-revolutionary doctrine an opportunity to sign the loan agreement on consensual model in this connection we consider that this legal design can be reproduced in the existing civil legislation was proved.
Loan Agreement, Precontractual, Contractual conditions, Consensual model, Bilaterally Binding Character, Rights of the borrower, Civil legislation.