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Tuesday, December 6, 2016

Supreme court explained that to be considered an interest-free loan given against receipt


To pay interest even for an interest-free loan will have from now on, all the debtors who have not paid in time. In addition, the highest judge explained that the original debt without “cheating” by law are given only a small amount.


photo: Gennady Cherkasov

As reported by “MK” in the Supreme court of the Russian Federation, a precedent was created by the inhabitant of the Moscow region Tatiana. The woman in June 2011 has lent his old friend three million rubles. In that moment they were going to buy an apartment, and to take out a mortgage there was neither the time nor the energy. Money Tatiana has provided interest-free, but with the condition that he would return them to her in the course of the year. But nor written in the contract time or two and not even three years later millions the hostess did not see. Then Tatiana went to court. And the woman demanded not only the amount of debt and interest, as well as a penalty.

Courts of different instances that stood in her way, relied on the original a contract where in black and white it said, interest-free. The case went to the sun and explained the important points. First, according to the decree of the armed forces, the loan agreement is interest-free, if concluded between citizens for the sum not exceeding pyatidesyatiletnie the minimum wage. And three million rubles — an amount obviously larger, so that the Treaty can not be called interest-free. Secondly, if the debt is not paid in time, the individual has the right to forfeit again in the same percentage. As for the amount, in the absence of the loan conditions on the size of percent, it is determined existing in a residence of a zaymodavets by the rate of refinancing.

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