In the domestic doctrine when speak about the civil-law obligation and its contents, usually mean duties of the debtor on commission of certain actions (so also we up to this point arrived, arguing on contents of the obligation arising from the credit agreement). As to other indispensable element of the obligation - the rights of the requirement of the contractor of a bound party, that, opening contents of the obligation through duties of the debtor, usually add that on the party of the creditor there are rights of the requirement correlating to these duties. As a rule, it happens enough for understanding of the contents of the obligation. But only not the obligation following from the credit agreement!
At purely external similarity of the obligation on granting the credit and the obligation on its return the specified obligations differ from payment of percent for using money (both that and another, from a technical aspect, consists in transfer of a certain sum of money) by the legal nature: the first of them (the obligation on the party of the creditor);
the second (the obligation on the party of the borrower) belongs to the usual liabilities which execution consists in payment of a monetary duty, including as its component and a gain which gives use of money in a property turn.
So basic and essential distinction of the legal nature of the called obligations assumes also serious differences in contents of the specified obligations, and in the both elements: both in duties of debtors, and in the rights of the requirement with which the authorized parties in the corresponding obligations (the borrower - in the obligation on issuance of credit and creditor bank - in the obligation on return of the received sum of the credit and payment of percent for using another's money) are allocated. This circumstance in turn testifies that to demand issuance of credit and to the right of the creditor to demand return of the sum of the credit received by the borrower with payment of percent for using money various legal regimes should be inherent in the right of the borrower.
Conversation on a legal regime of the rights of requirements of the parties according to the credit agreement is expedient for beginning with the right of the requirement of issuance of credit belonging to the borrower which differs a special originality (however, as well as the obligation to grant the loan).
The first feature of a legal regime of the specified right of the requirement, apparently, consists that the subject called the rights (borrower) haven't the right to draw on compulsory realization belonging to it is right, i.e. on collecting from creditor bank of the sum of the credit provided by the credit agreement in a judicial order.
Noted feature of a legal regime of the requirement of the borrower speaks the specific legal nature of the obligation on the issuance of credit which subject consists in commission by creditor bank of actions on transfer to the borrower of money (with a condition of their return), representing absolutely replaceable things defined by patrimonial signs (cash), or the rights of the requirement to the relevant bank (non-cash money).
The rights of the requirement of the creditor in similar obligations extend only on bound party actions, but not on the identity of the debtor which it is impossible to force to make the actions making a subject of such obligations.
At purely external similarity of the obligation on granting the credit and the obligation on its return the specified obligations differ from payment of percent for using money (both that and another, from a technical aspect, consists in transfer of a certain sum of money) by the legal nature: the first of them (the obligation on the party of the creditor);
the second (the obligation on the party of the borrower) belongs to the usual liabilities which execution consists in payment of a monetary duty, including as its component and a gain which gives use of money in a property turn.
So basic and essential distinction of the legal nature of the called obligations assumes also serious differences in contents of the specified obligations, and in the both elements: both in duties of debtors, and in the rights of the requirement with which the authorized parties in the corresponding obligations (the borrower - in the obligation on issuance of credit and creditor bank - in the obligation on return of the received sum of the credit and payment of percent for using another's money) are allocated. This circumstance in turn testifies that to demand issuance of credit and to the right of the creditor to demand return of the sum of the credit received by the borrower with payment of percent for using money various legal regimes should be inherent in the right of the borrower.
Conversation on a legal regime of the rights of requirements of the parties according to the credit agreement is expedient for beginning with the right of the requirement of issuance of credit belonging to the borrower which differs a special originality (however, as well as the obligation to grant the loan).
The first feature of a legal regime of the specified right of the requirement, apparently, consists that the subject called the rights (borrower) haven't the right to draw on compulsory realization belonging to it is right, i.e. on collecting from creditor bank of the sum of the credit provided by the credit agreement in a judicial order.
Noted feature of a legal regime of the requirement of the borrower speaks the specific legal nature of the obligation on the issuance of credit which subject consists in commission by creditor bank of actions on transfer to the borrower of money (with a condition of their return), representing absolutely replaceable things defined by patrimonial signs (cash), or the rights of the requirement to the relevant bank (non-cash money).
The rights of the requirement of the creditor in similar obligations extend only on bound party actions, but not on the identity of the debtor which it is impossible to force to make the actions making a subject of such obligations.
The main essential obligations are so authorised with different requirements. The main creditors are return of the debtors payment regimes with legal interest.
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