Loan agreement form (historical aspects of implementation of bank operations)
According to the pre-revolutionary Russian legislation the loan agreement was subject to the conclusion in writing notarial or house order and couldn't be proved by testimony. The loan agreement made at the notary (the serf extra letter), should make sure signatures not less than two witnesses. The obligation of a loan made without participation of the notary, was called as house and was made out by the house extra letter. Distinction between the specified two orders of the conclusion and registration of the loan agreement consisted, mainly, in various extent of providing and protection of the rights of the creditor giving loans. The serf extra letter offered it to the owner certain advantages before giving loans on a loan house, in particular: in possibility elimination for the debtor to argue on lack of money of a loan; in satisfaction of the requirement of such creditor at insolvency of the debtor in a primary order in relation to giving loans on a house loan; in possibility to demand from court of taking measures to providing the claim shown to the borrower.
On the contrary, the house debt letter couldn't serve as a well-tried remedy of protection of interests of the creditor giving loans: it was deprived of the right to demand from the delayed debtor of payment of a lawful penalty, and at bankruptcy of the last could have satisfaction of the requirement only from the remains of property of the debtor after calculations with other creditors. However, with a view of avoidance negative for the creditor of consequences the legislation provided possibility of registration of a house loan attendance order. In this case the borrower should in seven-day term from the date of drawing up of the house extra letter (for living in districts - in a month) to be to the notary (broker) who brought data on the house extra letter in the special book and made on it the corresponding mark.
At the same time the appearance, on sense of the law, should be made by the debtor. It is difficult to assume, that the debtor agreed always on this unprofitable act for it after received money. Knowing it, obviously, and the creditor will disagree to give money while the debtor won't present it the letter shown already. In a type of these formalities and consequences of their omission the extra letter in our life is forced absolutely out by the promissory note"
Really, according to the legislation extra letters (in difference, for example, from mortgages) were subject to free transfer without a consent of the debtor, as a rule, by submission of a transfer inscription on the most extra letter. However possibility of registration of transition of the rights giving loans and according to the extra letter (with transfer of the last to the assignee) by conclusion of agreement about a concession of the right of the requirement wasn't excluded also.
Leaving from the obligations relation of the former active subject and occupation of its place by another will be a consequence of transfer. In case of dissatisfaction from the debtor, the new veritel hasn't the right to address with collecting to former which, contrary to the bill writer, isn't responsible for feasibility of a liability law.
But transferred the extra letter answers, if the transferred right according to appeared not representing the facts: however its responsibility for non-compliance with the right of the requirement is based not on the obligations extra relation, and on superficial enrichment
According to the pre-revolutionary Russian legislation the loan agreement was subject to the conclusion in writing notarial or house order and couldn't be proved by testimony. The loan agreement made at the notary (the serf extra letter), should make sure signatures not less than two witnesses. The obligation of a loan made without participation of the notary, was called as house and was made out by the house extra letter. Distinction between the specified two orders of the conclusion and registration of the loan agreement consisted, mainly, in various extent of providing and protection of the rights of the creditor giving loans. The serf extra letter offered it to the owner certain advantages before giving loans on a loan house, in particular: in possibility elimination for the debtor to argue on lack of money of a loan; in satisfaction of the requirement of such creditor at insolvency of the debtor in a primary order in relation to giving loans on a house loan; in possibility to demand from court of taking measures to providing the claim shown to the borrower.
On the contrary, the house debt letter couldn't serve as a well-tried remedy of protection of interests of the creditor giving loans: it was deprived of the right to demand from the delayed debtor of payment of a lawful penalty, and at bankruptcy of the last could have satisfaction of the requirement only from the remains of property of the debtor after calculations with other creditors. However, with a view of avoidance negative for the creditor of consequences the legislation provided possibility of registration of a house loan attendance order. In this case the borrower should in seven-day term from the date of drawing up of the house extra letter (for living in districts - in a month) to be to the notary (broker) who brought data on the house extra letter in the special book and made on it the corresponding mark.
At the same time the appearance, on sense of the law, should be made by the debtor. It is difficult to assume, that the debtor agreed always on this unprofitable act for it after received money. Knowing it, obviously, and the creditor will disagree to give money while the debtor won't present it the letter shown already. In a type of these formalities and consequences of their omission the extra letter in our life is forced absolutely out by the promissory note"
Really, according to the legislation extra letters (in difference, for example, from mortgages) were subject to free transfer without a consent of the debtor, as a rule, by submission of a transfer inscription on the most extra letter. However possibility of registration of transition of the rights giving loans and according to the extra letter (with transfer of the last to the assignee) by conclusion of agreement about a concession of the right of the requirement wasn't excluded also.
Leaving from the obligations relation of the former active subject and occupation of its place by another will be a consequence of transfer. In case of dissatisfaction from the debtor, the new veritel hasn't the right to address with collecting to former which, contrary to the bill writer, isn't responsible for feasibility of a liability law.
But transferred the extra letter answers, if the transferred right according to appeared not representing the facts: however its responsibility for non-compliance with the right of the requirement is based not on the obligations extra relation, and on superficial enrichment
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