If you decide to give or borrow money, you should learn a little but useful information about this process, as well as how to write a receipt.
In the decision of 08.07.2019 in case №524 / 4946/16-ts the Supreme Court noted that the receipt as a document confirming the debt obligation must contain the conditions of the borrower’s debt with the obligation to return it and the date of receipt of funds.
Therefore, in cases of debt collection under the loan agreement, the plaintiff must confirm his right to demand from the defendant to fulfill the debt obligation, and the court must establish the existence between the plaintiff and the defendant of the loan agreement, based on the true content and authenticity of the document concluding a loan agreement and its terms.
Article 1046 of the Civil Code of Ukraine. A loan agreement.
- Under the loan agreement, one party (lender) transfers to the other party (borrower) cash or other items specified by family characteristics, and the borrower undertakes to return to the lender the same amount of cash (loan amount) or the same number of things of the same kind. and quality.
Article 1047 of the CCU. Loan agreement form
- A loan agreement is concluded in writing if its amount is at least ten times higher than the statutory minimum taxable income of citizens, and in cases where the lender is a legal entity – regardless of the amount.
- The borrower’s receipt or other document certifying the transfer by the lender of a certain amount of money or a certain number of things may be presented to confirm the loan agreement and its terms.
Resolution of 22.08.2019 in the case № 369/3340/16-ts the Supreme Court stated that in essence the receipt of borrowed funds is a document issued by the debtor to the Lender under the loan agreement after receipt of funds, confirming both the fact of the contract and the content of the contract and the fact that the debtor receives from the Lender a certain amount of money.
Thus the fact of receipt of means in debt is confirmed not by any receipt, namely the receipt on receipt of means from which maintenance it is possible to establish that there was a certain sum of means from the Lender to the borrower.
The borrower, the person who received the money in debt, should pay attention to the following.
When receiving money in debt, it is necessary to determine the terms of payment or gratuitousness of the loan.
According to Article 1048 of the CCU – Interest under the loan agreement, if the agreement does not set the amount of interest, their amount is determined at the discount rate of the National Bank of Ukraine.
That is, if the parties have agreed that the funds are taken without interest, and the receipt does not specify this, the Lender in the future will be able to collect from the borrower in court for the use of money. Therefore, if the loan is free, when drawing up the receipt it is necessary to indicate that the Lender will not be entitled to receive interest on the loan amount.
When repaying the debt in full or in part, be sure to take a written receipt from the Lender to receive the money.
It is important that such a receipt contains information that the Lender received the funds from the borrower precisely by repaying the debt under the receipt or the contract under which the funds were received in debt, according to the receipt “from…”.
The situation is similar with a loan in foreign currency. The receipt must clearly indicate in which currency the debt is to be repaid and changed (increased) in the event of exchange rate fluctuations.