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Artem Kovalev

Expert in the field of criminal, administrative and civil law. Specializes in military crimes and crimes in the financial sector

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There is an expression that friendship and love are spent in time. However, based on the practice of Prikhodko & Partners, I would add that with finances, wealth and opportunities of one or another side.

How to write a receipt so that in the future it was possible to repay the debt, and what is a receipt?

In accordance with Art. 1046 GKU under a loan agreement, one party (lender) transfers to the other party (borrower) money or other things identified by generic characteristics, and the borrower undertakes to return to the lender the same amount of money (loan amount) or the same amount of things of the same kind and quality. The loan agreement is considered concluded from the moment of transfer of money or other things determined by generic characteristics.

The receipt is written and the person taking the property in the loan.

The receipt shall indicate the surname, name, patronymic, date of birth, passport data, the address of registration and residence of the person taking the loan. You also need to specify in what currency the money is taken, if this is another property, movable NOT movable or equipment, then their identification signs are indicated.

Both parties should be aware that if the contract does not provide for interest, then their size is determined at the level of the discount rate of the National Bank of Ukraine. That is, if the receipt does not indicate anything about interest and does not indicate that the loan is interest-free, then the lender is automatically entitled to interest at the discount rate of the National Bank of Ukraine.

In addition, at the request of the creditor, the debtor who has delayed the fulfillment of the monetary obligation is obliged to pay the amount of the debt, taking into account the established inflation index for the entire period of the delay, as well as three percent per annum of the overdue amount, if no other interest is specified in the contract or law. The debt receipt must state (necessarily) the date of the refund (or other debt). From that day, the statute of limitations is calculated for contacting the court authorities. The statute of limitations is 3 years. If the receipt does not specify a date, the debt will be considered indefinite.

Looking for witnesses? - desirable. This is of course a great insurance for the court. At the bottom of the receipt, indicate their passport details and let them confirm what is stated in the receipt with their signatures.

In case of default by the debtor of the obligation, and if there is a receipt, you have the right to file a lawsuit with the court.

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