Practical aspects of conclusion of the loan relationships
The purpose of this article is to review the contentious issues of the loan relationships. Studies have established the practice of challenging and recognition of loan relationships, the author analyzes some controversial theoretical and practical problems under consideration of the legal institution. The object of research are civil legal relations arising between the civil turnover subjects in connection with the presentation in order of borrowing money or things, certain generic characteristics. The article presents a comparative analysis of the legal rules governing the loan relationship with the jurisprudence. The authors used a comprehensive set of general scientific, philosophical, chastnonauchnogo methods of knowledge of theoretical and empirical material. When working on an article used the dialectical materialist method to study the theoretical and practical issues of loan commitments in their interconnection, interdependence, taking into account the contradictions of objective and comprehensive investigation. To obtain reliable and valid results applied general scientific (analysis, synthesis, deduction, induction, systemic) and chastnonauchnogo (historical, comparative legal, formal and legal, technical and legal, social modeling studies) methods of cognition. When writing the work used the works of local and foreign lawyers on the general theory of law, the Roman private law, civil law. Considerable attention is paid to the materials of judicial practice, with the analysis of not only the legal acts of the Supreme Court of the Russian Federation, as well as the position of the district courts and the courts of the Federation. The development of business all over the world, and Russia is not an exception occurs at the expense of borrowed funds. However, the lack of an effective mechanism of crediting of small and medium-sized businesses entail active use of borrowings. The economic crisis 2015-2016g. year resulted in an unprecedented increase in court cases for the recovery of loans. This study allows to conclude that despite the seeming simplicity of the legal regulation in practice loan registration data relationships makes people a lot of problems. The comparative legal study to determine the main directions for the comprehensive improvement of legal norms helps to eliminate legal uncertainty in the regulation of loan relationships, optimize the operation of the judicial system. The results can be used in the course of further research in the field of credit loan relationships.