THE LEGAL DETERMINATION OF THE MOMENT REPAYMENT OF THE LOAN

Abstract

In this article the author based on Russian legislation and judicial practice defines the moment of repayment of the loan. If the parties to the loan agreement will be determined upon return by the borrower of the loan amount, effect special rules of the civil code concerning the moment of the loan repayment. The dispute about the repayment of the loan in the case when funds are transferred by the borrower from the account opened in another credit institution, according to the author, is permitted by the provisions on finality of transfer is prescribed by the Federal law as of 27.06.2011 № 161-FZ «On national payment system», the date of which shall be recognised by the time of the execution of any of the obligations, including repayment of indebtedness under the credit agreement. The act delineates the moment of finality of transfers depending on whether you have the payer and the recipient in a single credit organization or different organizations.