How to terminate a loan agreement through court. How to terminate a loan agreement with a bank correctly

A large role in law enforcement and judicial practice is given to the regulation of legal relations in the field of lending. An important role is played, among other things, by the courts' consideration of cases on the termination of loan agreements. An analysis of the judicial practice of the Russian Armed Forces allows us to speak about the increased dynamics of consideration by courts of this category of cases in recent years.

Termination of a loan agreement is one of the ways to protect rights

As a rule, the purpose of terminating a contract is to maintain a balance of interests of the parties to legal relations - the bank and the borrower, and this action is an exclusive way to protect the right. For termination of a contract, the violation of the obligations of one of the parties, which may occur due to circumstances beyond the control of the parties, or due to refusal to fulfill them, has legal significance. Termination of loan obligations, by virtue of Part 3 of Art. 453 of the Civil Code of the Russian Federation is considered to have occurred from the moment the court decision to terminate the contract comes into force.

Change of circumstances (material conditions) that existed at the time of concluding the agreement with the bank, and from which the parties proceeded, in accordance with the provisions of Art. 451 of the Civil Code of the Russian Federation may be grounds for termination of a loan agreement. In this case, significant circumstances are those that objectively prevent the parties to the contract from fulfilling their obligations.

Since the bank, as a credit institution, at the time of issuing loan funds, fulfills its initial obligations, followed by a counter obligation to repay the loan by the borrower, violations of the terms of the agreement most often occur on the part of the borrowers. That is, dishonest fulfillment of obligations or refusal to fulfill them (return funds - the loan body and interest) are grounds for possible termination of the contract.

Judicial practice in cases related to the termination of loan agreements does not speak in favor of consumers (borrowers). Over the entire long-term period of consideration of legal disputes between borrowers and credit institutions related to the termination of loan agreements due to changes in essential conditions, only a single event was recognized as such - a default that occurred in August 1998. To date, a review of judicial practice shows that all court disputes regarding the termination of loan agreements in which borrowers were plaintiffs, including those where the basis of the legal position were the circumstances of the 1998 default, were not ruled in their favor.

The Court of Appeal in case No. 33-6973/2012 issued a ruling to terminate the loan agreement. During the consideration of the court case, it was established that the plaintiff, who was the borrower under the loan agreement, filed a claim against VTB 24 CJSC to terminate the loan agreement and impose obligations on the bank to stop accruing payments under the agreement. The basis for the above requirements was that, according to the plaintiff, the material difficulties that had arisen for the present period of time prove a change in the essential conditions that existed at the time when the loan agreement was concluded. In this regard, the plaintiff points out the impossibility of fulfilling his obligations under the contract and asks to satisfy the claims.

The court, as follows from the case materials, found that this event (change in the plaintiff’s financial situation) is not an event that can be considered in the context of Art. 454 of the Civil Code of Russia, and is not evidence of a change in the conditions that existed at the time of conclusion of the contract. Based on the results of the judicial review of this case, a ruling was made to leave the plaintiff’s claims unsatisfied.

Method of protection against unfair fulfillment of obligations

Often, borrowers, having not assessed their strengths and capabilities in solvency, having received loan funds, are not able to pay the obligations under the loan agreement. The consequence of failure to fulfill contractual obligations is the legal possibility of banks to resort to termination of the loan agreement with the application of sanctions provided for in the agreement for a civil violation (collection of penalties or fines). In this case, the courts often do not consider the circumstances that caused the violation of the terms of the contract, but take into account only the fact of the debtor’s failure to fulfill its obligations to pay cash. Accordingly, the solution in such cases, as shown judicial practice for loans, is not made in favor of the borrower. Banks almost always receive satisfaction on claims.

Here is one of the typical court decisions in a dispute about the collection of credit debt and termination of the loan agreement, in which the court found that JSC AKB Express-Volga filed a lawsuit against the defendant (borrower) for termination of the loan agreement and collection of the debt. In support of the claim, the plaintiff indicated that the borrower, having received loan funds that were transferred to his account at the branch of JSC JSCB Express-Volga, long time evaded fulfillment of contractual obligations, in connection with which, according to the plaintiff, the latter had a right to claim early repayment loan and termination of the contract. In substantiating his legal position at the court hearing, the defendant stated that he stopped paying the loan due to the loss of his job.

As a result, the court, having examined the case materials, made a decision according to which the following was recovered from the defendant (borrower):

the amount of the main obligation under the contract;
reimbursement of bank expenses;
penalties for violation of contractual obligations;
overdue interest

And the loan agreement concluded between the bank and the borrower was terminated.

Termination of obligations unilaterally

Termination of the agreement does not mean that the obligation relationship between the bank and the borrower is terminated. The borrower retains the obligation to repay the loan amount, interest on it, as well as penalties for violation of contractual relations. If a court decision is made on this, the borrower bears obligations until full execution this decision. As described in the explanations of the Presidium of the Supreme Arbitration Court of the Russian Federation on this issue, if, in accordance with Art. Art. 310, paragraph 3 of Art. 450 of the Civil Code of the Russian Federation, the bank has every reason to believe that the borrower will not repay the amount under the credit line, then the bank has the right to terminate the fulfillment of its obligations unilaterally, preserving all legal grounds to receive counter obligations. Moreover, the penalty and interest on the loan to the bank must be paid for the entire period until the entire loan amount is repaid. And from point 8 Information letter N 147 of the Presidium of the Supreme Arbitration Court of the Russian Federation it is clear that upon termination in judicial procedure contract, the obligatory relationship is terminated only for a future period. (by the Presidium of the Supreme Arbitration Court of the Russian Federation in paragraph 1 of Information Letter dated December 21, 2005 N 104 “Review of the practice of applying arbitration courts norms of the Civil Code of the Russian Federation...... Art. 453 of the Civil Code of the Russian Federation). This legal position is set out in (Resolution of the FAS of the East Siberian District dated 04/06/2011 in case No. A33-5284/2010, as well as the Resolution of the FAS North Caucasus District dated October 2, 2009 in case No. A53-16893/2008). This example application of the bank’s method of protecting its rights is a consequence of the borrower’s failure to fulfill its obligations.

Important to remember: Based on practice in criminal cases, malicious (intentional) evasion of repayment of accounts payable may entail criminal prosecution of the guilty person.

As the experience of judicial practice shows, a powerful financial and legal system, of which credit organizations and banks are part, will be your ally in achieving the goals you pursue by concluding loan agreements only if the parties maintain a balance in contractual legal relations. But often reality and circumstances dictate the conditions for the development of situations in which you have to defend your interests in court. In this case, legal experts and lawyers will become your allies and assistants.

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When concluding a loan agreement, the law provides for the possibility of its termination. The agreement terminates automatically subject to the fulfillment of loan obligations. That is, after repayment of the entire loan amount, the contract is considered terminated. However, in some cases, it is possible for the bank or borrower to terminate the loan agreement early unilaterally. This process is quite complicated, but doable. Termination of the loan agreement must be carried out in the manner prescribed by law and the agreement. Consulting a lawyer will help you understand the specifics of the procedure and draw up an action strategy for each specific case. A consumer protection lawyer will represent your interests in court if the need arises.

CONCEPT AND ESSENCE OF THE AGREEMENT

A loan agreement is a document in which two parties enter into an agreement to transfer funds for temporary use. It defines the conditions for transferring the loan and the amount that the financial institution issues to the citizen or legal entity. The borrower, in turn, undertakes to repay the funds within the specified period and pay remuneration for the use of the money.

The procedure for concluding an agreement between a financial organization and a citizen is regulated by the Civil Code of the Russian Federation and the law on banking activities. The same documents determine the termination of the loan agreement with the bank (procedure, conditions, grounds, consequences). According to the norms of current legislation, the conclusion of an agreement requires its execution in writing, with the obligatory signature of both parties - parties to the agreement. An indispensable condition for the legality of a document is voluntary signing, implying the agreement of all counterparties with its terms.

The loan agreement must necessarily contain the following information:

participant agreement data;
loan amount;
expiration date of the contract (final date for debt repayment);
loan repayment procedure;
purpose of using borrowed funds;
annual interest charges - remuneration for using the loan;
penalties for failure to fulfill obligations;
additional conditions.

In addition, the contract stipulates the conditions for early termination at the initiative of one of the parties or by concluding a general agreement.

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GROUNDS FOR TERMINATION OF A LOAN AGREEMENT

Lending agreements have their own procedure and termination conditions, different, for example, from termination of a gift agreement or employment agreement. The Consumer Rights Law gives the right to terminate a loan agreement by the bank unilaterally, as well as by the person who took out the loan, within 14 days from the date of conclusion. This applies to both loan agreements and other types of agreements, for example, deposit agreements. If a loan agreement with a bank is expected to be terminated, judicial practice recommends full repayment of the loan and payment of minimal interest (for the period of use of funds). This option does not require prior approval from the financial institution.

Termination of the loan agreement is also possible in the event of insurmountable circumstances that the borrower could not have known about at the time of execution of the agreement. Such circumstances include, for example, a reduction in salary, the discovery of an incurable disease that involves financial costs to maintain life. In this case, the bank can agree to a meeting and terminate the existing agreement, subject to the conclusion of another one. This process can take the form of loan restructuring or refinancing.

Termination of the agreement unilaterally by the bank also occurs. It can be initiated by a financial institution if payment is overdue for more than 90 days. This basis gives the bank the right to go to court and forcibly collect the debt. In this case, all interest accrued during this period, fines and penalties specified in the text of the agreement, as well as legal costs associated with the conduct of the case will be added to the loan amount.

In general terms, we can say that a transaction can be canceled if the following grounds for termination of the loan agreement are present:

one of the parties to the agreement significantly violates its terms;
if cardinal circumstances arise that prevent the fulfillment of the terms of the contract.

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PROCEDURE FOR TERMINATION OF A LOAN AGREEMENT

The legislation regulates the procedure for terminating agreements with a number of regulations. According to these documents, there are two methods of resolving the issue: peaceful settlement and trial. The stage of negotiated conflict resolution is mandatory in any case.

IN general view The procedure for terminating a loan agreement is as follows.

Pre-trial decision. A borrower who decides to terminate the contract at his own request must contact the bank with a corresponding application. A sample application can be obtained directly from financial organization. If they refuse to issue it, then you can write a statement in free form. The text should indicate the reason why termination was necessary, personal information, including contact phone number and postal address, and a request to terminate the loan agreement. The application is drawn up in two copies, one of which is given to the bank employee, and the second remains with the applicant with the bank’s note of acceptance. If the employee refuses to accept the document, it can be sent by mail, via registered mail with acknowledgment of receipt. The bank is obliged to consider the application and make a decision, which it must inform the applicant in writing. If the decision is negative or there is no response from the financial institution, you can go to court.
Statement of claim for termination of the loan agreement. The petition is submitted to the district court at the place of residence of the plaintiff or at the location of the defendant (in this case, the bank). A sample application can be obtained from the court office. The petition must indicate personal data, describe the reasons that prompted the termination of the contract, the circumstances of the case, as well as the bank’s refusal to resolve the issue amicably. The application must be accompanied by copies of it, equal to the number of participants involved in the case. You also need to provide a copy of the loan agreement, confirmation of the force majeure conditions on which the request is based, correspondence with the bank, photocopies of personal documents and receipts for payment of state duty (according to the norms of Article 333.19 of the Tax Code of the Russian Federation in the amount of 300 rubles). A claim for termination of a loan agreement can be submitted personally or through a representative. The latter must have with him a notarized power of attorney, giving him the right to represent the interests of the plaintiff in court. Consulting a lawyer will give you the opportunity to draw up statement of claim on termination of the loan agreement in full and in accordance with the requirements of the law. Judicial practice of terminating a loan agreement with a bank shows that it is quite difficult to obtain a positive decision on a claim without the help of a professional lawyer.
Trial. Writing a statement of claim for termination of a loan agreement and filing it in court does not mean winning the case. You must be present at every hearing to consider the case. Attendance at court hearings will allow you to express and defend your position. It will be good if the plaintiff uses the help of a professional lawyer, which will significantly increase his chances of winning the case. This is explained by the fact that banks have a whole staff of lawyers who are well versed in banking disputes. This is also necessary if the plaintiff is unable to be present himself for any reason. A professional lawyer will be able to represent his interests in court in in the best possible way. Consultation with a lawyer on these issues in our company is free of charge.

After considering the case, the court makes its decision, which is subject to execution after entering into legal force. Practice shows that it is very difficult to win such cases, and the process itself requires financial and physical costs.

There are two ways to terminate a loan agreement: the parties sometimes agree, and more often this happens through the court. At the same time termination of a loan agreement judicial practice notes possible if Art. 450 Civil Code of the Russian Federation.

When a loan agreement is terminated by agreement of the parties

Two points are taken into account:

Has the borrower repaid the debt under the agreement?
Has the contract expired?

If the credit debt is repaid in full, the contract is automatically terminated (Article 408 of the Civil Code of the Russian Federation). At the same time additional documents no need to register. But even if the borrower has fulfilled its initial obligations, the other clauses of the agreement that were concluded to service the existing debt remain in effect.

Here is a common example: there is a bank account agreement concluded to provide a non-cash loan to a current account. And since such contracts are not automatically terminated, the debt for maintenance and initial introduction bank card continues to accumulate. Therefore, you need to correctly formalize your wish to terminate the related agreements, and then obtain a certificate from the bank confirming that at the moment you have no debt to the credit institution.

How judicial practice considers termination of a loan agreement with outstanding debt

After the expiration of the contract, it does not terminate if the loan debt remains. Then the borrower who wants to terminate the loan agreement must go to court. If the contract has expired, you definitely need to pay off the debt. But first, if there is a serious difficulty, you need to contact the bank to restructure the debt, that is, to arrange more acceptable conditions:

change the repayment schedule;
extend deadlines;
reduce the interest rate.

Early termination of such an agreement

For a one-time provision of funds, if you have fulfilled the terms of the agreement ahead of schedule, you need to draw up a corresponding application. If this phrase was not indicated in the agreement, after repayment of the loan it is terminated automatically (Article 408 of the Civil Code of the Russian Federation).
You can also sign an additional agreement to this agreement regarding its termination, if the agreement concerns the opening of a credit line. The addition is suitable for the case when you have repaid the debt, but do not intend to take out new credit tranches (clause 1 of Article 450 of the Civil Code of the Russian Federation). Such a case is rarely considered in judicial practice, since there is agreement between the parties.

Arguments used when terminating a loan agreement

When the issue cannot be resolved peacefully, the borrower goes to court using various arguments.

The other party may have materially violated the terms of the contract. Such a violation is considered significant if it led to damage to the interests of the borrower, and he lost the benefit that he could have counted on when he entered into the agreement (Clause 2 of Article 450 of the Civil Code of the Russian Federation). Reasons for going to court may include:
illegal assignment and collection of penalties and various commissions;
violation of the order of debt write-off; there may also be other reasons.
The parties entered into an agreement under specific circumstances that have now changed (Article 451 of the Civil Code of the Russian Federation):
the borrower could lose his job;
he lost previously guaranteed other incomes.

What should you do to terminate the contract through the court?

Offer to a credit institution to terminate a loan agreement

First of all, send a letter to the bank with a proposal to terminate the contract. Moreover registered letter, with notification of delivery. But you can make a photocopy and personally deliver the original to the appropriate department of the bank. Let them make a note in the journal about incoming documentation. The same confirmation should be on your photocopy. When you receive a refusal or do not receive any response at all within the prescribed period (30 days), send your demand to the court for termination of the contract (clause 2 of Article 452 of the Civil Code of the Russian Federation).

Preparing a statement of claim for presentation to court

Such an application must be submitted in writing. In this case the following are indicated:

name of the court;
your (the plaintiff’s) and bank’s actual address;
how the bank violated your rights;
circumstances to which the plaintiff draws attention;
plaintiff's claims;
evidence of violation of your rights, for example, some consumer rights (Article 28, paragraph 7 of Article 29 of the Code of Civil Procedure of the Russian Federation);
list of additional documents (Article 131 of the Code of Civil Procedure of the Russian Federation).

The following persons must sign this application:

plaintiff;
his representative, if any.

Then why was it necessary to consider the possibility of resolving controversial issues regarding the termination of the contract peacefully, if it was possible to resolve this issue immediately in court? The answer is simple: this will mean that you previously made every effort to resolve the conflict, and did not hide either from creditors or from the problem itself. The court must take your side.

P.S. If you need a lawyer for credit debts, click on the link.

How to terminate a contract before its execution

(Conditions under which the contract may be terminated until the obligations of the parties are fully fulfilled)

It is good when a contractual relationship ends with the proper fulfillment of obligations by both parties. But this does not always happen. In practice, there is often a need to terminate contracts: when the circumstances on the basis of which the parties entered into the contract have changed significantly, or when one of the parties does not fulfill its obligations.

The law provides for several ways to terminate contracts:

by mutual consent;
through the court;
by refusing to perform the contract.

Termination of the agreement by mutual desire

It is easier to terminate an outdated contract by mutual agreement. By general rule the agreement is terminated in the same form in which it was concluded (Article 452 of the Civil Code of the Russian Federation). Most often, this is in written form. The parties enter into a termination agreement, in which it is advisable to specify the consequences of this action. For example, the parties may provide that even in the event of unequal performance of obligations to each other, the rule on obligations due to unjust enrichment does not apply. Or, on the contrary, an obligation may be established for the parties to return to each other everything performed. This is allowed by the provisions of Article 453 of the Civil Code of the Russian Federation.

If one of the parties to the contract came to the conclusion that the continuation of the contractual relationship was inappropriate and proposed to terminate it, the other party has the right to refuse termination, citing the fact that it did not commit any violations (Resolution of the Arbitration Court of the North-Western District in the case of 2015 year).

Termination of contractual obligations through court

The law contains a list of situations in which any party can apply to the court for termination of agreements (Articles 450, 451 of the Civil Code of the Russian Federation):

a significant change in the circumstances that the parties took into account when concluding the agreement;
significant breach of contract by one of the parties;
other cases provided for by law or contract.

But before filing a claim, the party must send a letter to the counterparty with a proposal to terminate the contract, otherwise the court will leave the application without consideration (Article 148 of the Code of Civil Procedure of the Russian Federation, 222 of the Code of Civil Procedure of the Russian Federation).

Denunciation of agreements due to a significant change in circumstances

A change in circumstances is considered significant if in the new circumstances the parties would not have entered into an agreement or would have entered into it on completely different terms.

It is important that the consequence of such changes is not the impossibility of fulfilling contractual obligations, but a significant disruption of the balance of interests of the parties in the event of execution of the contract. In this case, the parties themselves can provide for the conditions that will allow termination of the contract. For example, changes in exchange rates.

To determine the significance of the changes, the circumstances surrounding the specific legal relations of the parties are important. The claim will be satisfied if the following conditions are met:

if, when signing the agreement, the parties did not intend such changes;
if the plaintiff could not overcome the reasons for the changes with all his desire;
if the execution of the contract in the existing version threatens a serious violation of property interests;
unless it follows from customs or the essence of the contract that the risk of changes in circumstances is borne by the plaintiff.

For example, if there is a significant increase in the cost of materials and equipment provided by the contractor, and if the customer refuses to increase the established price, the former has the right to demand termination of the contract due to changed circumstances (Article 709 of the Civil Code of the Russian Federation).

While satisfying the request for termination of the contract, the court can also determine the consequences of this action.

In this case, the court will take into account and fairly distribute all the expenses that the parties incurred in connection with the execution of the terminated contract. To do this, either party must submit a corresponding request to the judge.

Termination of the contract due to its significant violation by one of the parties

First of all, the concept of the materiality of the violation must be defined. A violation of a contract by one party is significant when it causes damage to the other party. But not just damage, but by which the injured party is largely deprived of what it had reason to expect when concluding the contract.

Judicial practice: the plaintiff applied to the court with a demand to terminate the agreement for the sale and purchase of a share in the authorized capital of the LLC. The claims are justified by the fact that the defendant did not make payment under the contract on time. In the response, the defendant admitted the claim. The court found that the plaintiff did not receive what he had the right to expect when concluding the contract, namely: payment for the share he sold in the amount of about 4 million rubles. In addition, failure by the buyer to pay for the purchased property for a long period of time (more than 2 years) is a significant violation of the contract and grounds for its termination. Therefore, the court decided to terminate the contract (Decision of the Arbitration Court of the Amur Region in the case of 2016).

Other cases allowing termination of a contract through court

Various cases when a party to a contract may apply to the court for its termination are established by the provisions on various types contracts. The main condition is violation of the contract by the counterparty.

Thus, Article 619 of the Civil Code of the Russian Federation gives the lessor the right to terminate the contract early through the court (for example, if the tenant repeatedly misses the payment deadline). The tenant also has the right to terminate the contract if the landlord violates the contract.

The parties themselves can establish in the contract the circumstances that allow terminating the contract through the court.

Unilateral refusal to fulfill the contract

According to the general rule, unilateral refusal to fulfill obligations is not allowed (Article 310 of the Civil Code). Exceptions to it are established by law or contract. For example, if the seller has not complied with the buyer’s demands to complete the goods within a reasonable time, the buyer has the right to refuse to fulfill the sales contract and demand a refund of the amount paid sum of money(Article 480 of the Civil Code of the Russian Federation).

In addition, in all situations where the law allows you to go to court to terminate the contract, either party may refuse to fulfill the agreement by sending a notice to the counterparty. Such a refusal will be legal if the agreement itself provides for the appropriate basis (Article 450.1 of the Civil Code of the Russian Federation). Moreover, it is important that the extrajudicial procedure is indicated. Otherwise, the other party may simply ignore the refusal notice.

The parties may also agree on an unmotivated refusal by either party to fulfill the contract. IN entrepreneurial activity it is permissible to negotiate compensation for withdrawal from a contract (Definition Supreme Court RF in a case from 2015). If the contract does not contain a provision for the payment of compensation by the party that refuses to fulfill the contract, its counterparty will not receive monetary compensation.

Refusal to fulfill agreements always entails termination of the agreement. Moreover, the parties can agree that it is considered terminated upon the expiration of a certain period after sending a notice or failure of the counterparty to eliminate the violation within the prescribed period.

If the refusal occurred due to the fault of the counterparty, unilateral refusal of the contract is a way of self-defense of the right allowed by law (resolution of the Arbitration Court of Appeal in the case of 2016).

Consequences of termination of the contract

When early termination is permitted by law or contract, such actions are not a civil violation. The main consequence of termination of the contract is the termination of the parties’ obligations under it (Article 453 of the Civil Code of the Russian Federation). Otherwise may be provided by law, contract, or arise from the essence of the obligations. For example, upon termination of a lease agreement, the tenant is obliged to return the property in the condition in which he received it, taking into account normal wear and tear or in the condition stipulated by the agreement (Article 622 of the Civil Code of the Russian Federation).

Typically, the parties do not have the right to demand the return of what they have performed under the obligation until the termination of the contract. If the obligations are fulfilled unequally, the rules on unjust enrichment are applied to the relations of the parties. Other consequences of termination of the agreement may be enshrined in law or contract.

Another consequence is the ability to recover damages if termination was due to the fault of one of the parties. As a general rule, the penalty is accrued only until the moment of termination.

At the end of the publication, it should be noted that the right of a party to annul agreements is not always obvious.

Termination of a loan agreement: judicial practice

Especially in the case where a party to the contract believes that changed circumstances impede the fulfillment of obligations. In addition, it is often necessary to return what was performed under the contract through the court. Questions also arise about how much and for what period sanctions should be collected (interest for using other people's money, penalties). It is quite difficult to recover damages in full. Therefore in all difficult situations in which the correct answer is not obvious, it is better to contact an experienced lawyer.

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Termination (change) of a loan agreement

A loan agreement may be terminated by its parties (one of the parties) by terminating it in the manner, on the grounds and in the manner provided for by the general provisions of contract law in relation to any civil contract, but taking into account special rules (Chapter 42 of the Civil Code) governing the specifics termination of the loan agreement.

It is depending on the method of termination (change) of the contract used by the parties in accordance with the Civil Code of the Russian Federation (Chapter 29) that the grounds and procedure for termination (change) of the contract are determined<*>.

The main way to terminate a contract is its termination by agreement of the parties (clause 1 of Article 450 of the Civil Code). When the parties use this method of terminating a loan agreement, the circumstances that served as the basis for the parties to conclude the corresponding agreement do not have legal significance for assessing the legality of the agreement to terminate the agreement itself (this is the sphere of free discretion of the parties), but under certain conditions (say, if the basis for terminating the agreement is by agreement of the parties, there was a significant violation of the contract on the part of one of the counterparties), the grounds for termination of the contract may predetermine the consequences of termination of the contract (for example, the obligation to compensate for losses to a bona fide party).

The regulation of the procedure for terminating a contract by agreement of the parties is limited by the rule that the corresponding agreement of the parties must be made in the same form as the contract, unless otherwise follows from the law, other legal acts, the contract or business customs. In this regard, in relation to the loan agreement, we can conclude that the agreement on its termination must be in simple written form (Article 820 of the Civil Code).

Thus, the loan agreement can be terminated by agreement of the parties at any time at their discretion without any restrictions. On this occasion M.I. Braginsky writes: “Giving the parties such a broad opportunity to determine the fate of the contract is one of the direct expressions of contractual freedom: those who have the right to enter into a contract of their own free will should, in principle, be equally free in matters of its termination or change of individual contractual terms.”<*>.

———————————

<*>Braginsky M.I., Vitryansky V.V. Decree. op. P. 348.

Another way to terminate a loan agreement (like any other agreement) is that it can be terminated at the request of one of the parties (clause 2 of Article 450 of the Civil Code) (in our case, the lender or borrower).

Features of termination of a loan agreement in 2018

When applying this method of terminating a contract, the assessment of the circumstances that served as the basis for filing a demand for terminating the contract becomes decisive. General basis for application by a bona fide party this method termination of the contract are violations of the terms of the contract committed by the counterparty, which can be qualified as significant violations, i.e. violations that entail such damage for the counterparty that he is largely deprived of what he had the right to count on when concluding the contract.

In addition, the contract can also be terminated at the request of one of the parties in cases provided for by the Civil Code of the Russian Federation, other laws or the contract (clause 2 of Article 450 of the Civil Code). In this regard, special rules on the loan agreement, as well as on the loan agreement (applied to the loan agreement) provide for three special grounds for its termination at the request of the lender, which are united by the fact that they are all related to the borrower’s violation of certain additional terms of the loan agreement.

Firstly, the basis for termination at the request of the lender of a loan agreement, which provides for the borrower’s obligation to provide security for the fulfillment of his obligation to return the loan amount received and pay interest for the use of funds, may be the borrower’s failure to fulfill this obligation, and if it is fulfilled, also the loss provided security or deterioration of its conditions due to circumstances for which the creditor is not responsible (Article 813 of the Civil Code).

Secondly, the basis for termination at the request of the lender of a loan agreement concluded with the condition that the borrower use the received funds for certain purposes (targeted loan) is recognized as a violation by the borrower of the obligation to ensure the opportunity for the lender to exercise control over the intended use of the loan amount, as well as the borrower’s failure to fulfill the condition loan agreement on the intended use of the loan amount (Article 814, paragraph 3 of Article 821 of the Civil Code).

Thirdly, the basis for termination at the request of the lender of a loan agreement containing a condition on the borrower’s obligation to repay the loan amount in installments may be the borrower’s violation of the deadline established for repaying the next part of the loan (clause 2 of Article 811 of the Civil Code).

The loan agreement may also provide for other grounds for its termination, both at the request of the lender and at the request of the borrower.

When using such a method as termination of a contract at the request of one of the parties, the contract is terminated in court, a mandatory condition of which is that the interested party filing a corresponding claim in court must comply with a special pre-trial procedure for resolving a dispute directly between the parties to the contract. The essence of this procedure is that the interested party, before going to court, must send its proposal to the other party or terminate the contract. A claim for termination of a contract can be brought to court only if one of two conditions is met: either receiving a refusal from the other party to a proposal to terminate the contract, or failure to receive a response to the corresponding proposal within 30 days, unless another period is provided by law, contract or contained in the proposal to change or terminate the contract (clause 2 of Article 452 of the Civil Code). If the established procedure for pre-trial dispute resolution is violated, the court must return the statement of claim for termination of the contract without consideration.

The third way to terminate a contract is that one of the parties exercises its right, provided for by law or contract, to unilaterally repudiate the contract (from fulfilling the contract). Unilateral refusal of a contract is possible only in cases where this is expressly permitted by law or agreement of the parties (clause 3 of Article 450 of the Civil Code). The requirement for the procedure for terminating a contract with the above method of termination is that when terminating the contract by unilateral refusal of one of the parties from the contract, mandatory written notification of this to the counterparty under the contract is required. This requirement must be considered met if the corresponding notice is delivered to the other party to the contract via postal, telegraph, teletype, telephone, electronic or other communication, which makes it possible to establish that the document comes from the party that has renounced the contract (execution of the contract). As for the grounds for termination of the contract with such a method of termination as unilateral refusal of the contract, the exercise by the authorized counterparty of its right to unilateral refusal of the contract in accordance with the requirements of the law or with the terms of the contract may be made dependent on the occurrence of relevant circumstances (grounds for refusal from the contract) or not depend on any circumstances at all.

In the loan agreement, both parties (the lender and the borrower) are given the right to unilaterally refuse the agreement, however, if the lender’s right is stipulated by the need for certain circumstances under which it can only be exercised, then the borrower’s right to refuse the loan agreement is not conditioned by any - circumstances that could serve as grounds for unilateral termination of the contract.

In accordance with paragraph 1 of Art. 821 of the Civil Code of the Russian Federation, the lender has the right to refuse to provide the borrower with the loan provided for in the loan agreement in whole or in part if there are circumstances clearly indicating that the amount provided to the borrower will not be repaid on time.

When commenting on this legal provision, Russian authors usually understand the insolvency of the borrower or a sudden deterioration in its financial condition as the circumstances serving as the basis for the lender to refuse to provide a loan (i.e., unilateral termination of the loan agreement). For example, E.A. Sukhanov writes: “Such a circumstance may, in particular, be the revealed insolvency of the borrower or its significant decrease, for example, when a business company - the borrower reduces the size of its authorized capital. It's obvious that this rule serves to protect the interests of the creditor"<*>. According to N.I. Solovyanenko, among the circumstances that clearly indicate that the amount provided to the borrower will not be returned on time, “primarily include economic and legal factors that raise doubts about the borrower’s creditworthiness (insolvency of the debtor, bringing him to justice, etc.) »<**>.

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<*>Sukhanov E.A. Decree. op. P. 226.

<**>Solovyanenko N.I. Decree. op. P. 515.

L.G. Efimova, analyzing the grounds for the bank’s refusal of the loan agreement, provided for in paragraph 1 of Art. 821 of the Civil Code of the Russian Federation, comes to the conclusion that it is necessary to impose on the borrower an additional obligation to ensure control by the bank over its financial condition. “The specified circumstances,” writes L.G. Efimov, can occur when there is a serious deterioration in the financial and economic condition of the borrower, when he is unable to fulfill his contractual obligation.

To exercise its right to refuse to provide a loan, the bank must be able to control the financial and economic activities of the borrower. Consequently, the loan agreement must provide for the borrower’s obligation not to evade bank control.” Such control on the part of the lender, in her opinion, “concerns not only the intended use and security of funds received by the borrower, but also general condition his business venture"<*>.

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<*>Efimova L.G. Banking transactions: law and practice. P. 552.

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R termination of the loan agreement occurs in the same manner as termination of any other contract, taking into account those features that are established by law for this type of agreement.

Regarding the termination of a loan agreement by agreement of the parties, there is only one requirement, which is of a general nature: termination of the contract must be presented in the same form as the contract itself, i.e. You can terminate the loan agreement by signing a written agreement. The parties have the right to terminate the loan agreement at any time at their discretion without any restrictions.

Termination of the contract at the initiative of one of the parties is possible only by a court on the grounds provided for in paragraph 2. Art. 450 of the Civil Code of the Russian Federation: in case of a significant violation of the contract by the other party; in other cases provided for by the Civil Code of the Russian Federation, other laws or agreement.

An integral condition for termination of a contract in court is mandatory compliance with the claims procedure, which consists in the fact that the interested party, before going to court, must send the other party its proposal to terminate the contract.

The basis for termination of the loan agreement will also be a violation by the counterparty of the terms of the agreement, but not just any violation, but one in which the good faith party is significantly deprived of what it was counting on when concluding the agreement. Unilateral refusal from the contract in cases where it is provided for by law or contract, also entails termination of the contract.

One should not confuse unilateral refusal of the contract and termination of the contract at the initiative of one of the parties (which, as stated above, is only possible in court).

The law provides the creditor at least three options for terminating the contract on his initiative:

Unless otherwise provided by the agreement itself, then the failure of the borrower to fulfill the obligations stipulated by the loan agreement to ensure the repayment of the loan amount or the borrower’s loss of collateral, deterioration of its conditions due to circumstances for which the lender is not responsible - all this gives the lender the right to demand early fulfillment of the borrower’s obligations - the return of all loan amount and interest payment (Article 813 of the Civil Code of the Russian Federation).
The basis for termination at the request of the lender of an agreement concluded with the condition that the borrower use the received funds for certain purposes (targeted loan) is the violation by the borrower of the obligation to ensure the opportunity for the lender to exercise control over the intended use of the loan amount, as well as the borrower’s failure to comply with the terms of the loan agreement on the intended use loan amount (Article 814 of the Civil Code of the Russian Federation).
Violation by the borrower of the terms of the agreement to repay the loan in installments (late payment of the next loan payment) also gives the lender the right to demand early fulfillment of the borrower’s obligations - return of the entire loan amount and payment of interest (Article 811 of the Civil Code of the Russian Federation).

The borrower can terminate the loan agreement only on the grounds provided for in Article 450 of the Civil Code of the Russian Federation, discussed above.

The borrower is also given by law the right to unilaterally refuse the loan agreement (clause 2 of Article 821 of the Civil Code of the Russian Federation), however, such a refusal is subject to a number of conditions under which it is possible:

You can only refuse to receive a loan,
refusal is possible only before the loan period established in the agreement,
The borrower must notify the lender of the loan refusal, and this notification must be received by the lender before the relevant loan period.

Considering that this norm is valid only if otherwise is not provided by law, other legal acts or a loan agreement, then, knowing our “bankers,” it is not difficult to guess that the loan agreement usually provides for “other things,” and the borrower’s right to refuse the loan is rather declarative in nature, while the lender’s right (clause 1 of Article 821 of the Civil Code RF) to refuse to issue a loan if there are circumstances indicating that the loan amount will not be repaid on time, is not burdened with specific conditions and is of such a vague nature that the lender’s refusal to issue a loan even after the conclusion of the agreement actually cannot be challenged in court, since coercion to issue a loan is prohibited in our country. The only thing that can be done here is recover damages in court– in practice, they consist of the difference between the amount of interest under the agreement that the lender refused and the amount of interest under the agreement that the borrower was forced to enter into with another lender. Considering the amount of loans and the amount of interest, this type of protection of one’s interests is practically inaccessible individuals due to the disproportionate cost of litigation and the amount of the claim.

Unilateral termination of the loan agreement (Sevastyanova Yu.V.)

Legal entities and entrepreneurs applying for large sums loan, take advantage of this opportunity and often win these disputes.

Contribution of funds as early repayment of a loan in a smaller amount than was indicated by the citizen borrower in the application for early repayment of the loan does not in itself constitute a basis for refusal to credit these amounts to the repayment of the debt. ( Definition of the RF IC according to civil cases RF Armed Forces dated May 30, 2017 No. 4-КГ17-20).

Of course, termination of the contract does not mean that the legal relations of the parties have ceased without any consequences. In any case: the loan agreement is terminated on the initiative of one of the parties (the court decides) or by agreement of the parties (the lender and the borrower agree together), the condition must be met to bring the parties to a state in which their interests will not be infringed– the credited funds must be returned in full, losses must be compensated, etc. This is precisely the situation that causes the most controversy. Loan agreements are complex for the consumer, and it is simply not realistic for the borrower to understand their terms and correlate these terms with legal requirements, changes in this area of law, as well as judicial practice without professional help. Modern trends in lawmaking are aimed at bringing the legislation on loans for consumers into line with international practice and the requirements of legislation on the protection of consumer rights.

How to terminate a loan agreement with a bank

To stop the bank accruing interest and penalties on the loan, the borrower is often recommended to terminate the loan agreement. Such advice is usually given by less knowledgeable users of Internet forums, but professional lawyers rarely talk about this possibility. The fact is that terminating a loan agreement at the borrower’s initiative is a very difficult task that rarely achieves its goal. However, so that you can assess the prospects for your specific situation, we will describe in detail the possible options.

If you have not paid all the money that the bank requires, then there are only two mechanisms for terminating the loan agreement - by agreement of the parties and through the court. Naturally, an option is possible when you simply pay off the entire debt (including interest and penalties), then the obligations under the contract are considered fulfilled and there is no need to terminate it. One more scenario should also be mentioned: within 14 days after receiving the loan, you can return it by paying a symbolic interest for a few days. This rule is based on the law on the protection of consumer rights, and does not require agreement with the bank and termination of the loan agreement.

Termination by agreement of the parties

So, there are two mechanisms for termination - by agreement of the parties and through the court. Regardless of which option you choose, the first step will be the same - you need to send an application to the bank to terminate the loan agreement.

How to terminate a loan agreement with a bank correctly?

In this document, you must not only officially declare your intention, but also indicate the reasons for it (for example, you were fired from your job, you got sick, etc.) Practice shows that regardless of the seriousness of your reasons, the bank will either leave your application without an official response , will either immediately refuse termination or offer unacceptable conditions.

For example, the bank may respond that it is ready to terminate the contract after the borrower pays the entire amount, including interest and fines (although after this it is no longer necessary to terminate the contract; it terminates automatically). Another answer from the bank is a proposal not to terminate the agreement, but to restructure the loan. Whether to accept such offers or not depends on the specific situation. If you have incurred large interest rates and fines, then it may be more profitable to refuse and wait for trial. In any case, we recommend consulting with a credit lawyer before signing any agreement with the bank.

In short, if your goal is to terminate the contract, then you will not be able to negotiate this with the bank (on acceptable terms). Just as terminating a loan agreement is beneficial for the borrower, it is disadvantageous for the bank. In fact, this option for the bank means only one thing - it will no longer be able to charge interest and fines, i.e. will end up getting less money. Why should the bank delve into your problems and voluntarily agree to reduce profits? Its task is to calculate interest, and then debt collectors or bailiffs will collect the debts.

If you nevertheless decide to try and write a termination statement to the bank, then you need to remember that such a statement interrupts the statute of limitations on the loan. This is especially important in cases where a lot of time has passed since the last loan payment (one and a half to two years or more). There is definitely no need to write a statement after three years, since the statute of limitations will begin to count again, even if it has already expired once. In general, contacting a bank to terminate a contract may not only be useless, but even harmful in your particular case.

Termination of a loan agreement through court

The only situation in which it makes sense to write a termination statement to the bank is when you are ready to go all the way and go to court. In this case, the application is needed in order to confirm attempts to come to an “amicable” agreement with the bank, otherwise the court will have additional grounds for refusal. Naturally, the presence of an application is a necessary, but not sufficient condition for the court to decide to terminate your contract. The main and most difficult thing is that you need to prove to the court that after the conclusion of the contract the conditions changed significantly, and this could neither be foreseen nor overcome.

Many borrowers cite dismissal from work, long-term illnesses, various family or financial problems, etc. as significantly changed conditions. However, even if these arguments are supported necessary documents, the court rarely sides with the debtor. Roughly speaking, the court usually takes the position that the borrower should have analyzed all these risks when signing the loan agreement. For example, there is nothing unexpected in dismissal; sooner or later everyone has to change jobs, and if the borrower has not provided for such an option, that’s his problem.

The chances of terminating the contract increase if some absolutely force majeure circumstances arise - fire, natural disasters, military actions, etc. However, even in this case there is no guarantee that the court will side with the borrower. The court's position may be based on the fact that the borrower could use the services of insurance companies and insure against any unexpected events. Strictly speaking, the court does not need to justify its decision in “everyday” language; it is enough to refer to the abstract formulation of the law, which will say little to the common man(not a lawyer).

However, there are still exceptions, and sometimes the court is sympathetic to the borrower’s arguments. If you want to try, you just need to prepare and submit to the court a statement of claim for termination of the loan agreement. It is impossible to predict the outcome of a lawsuit with a 100% guarantee, but an experienced credit lawyer can assess the chances depending on the specifics of your particular situation. If you still intend to go to court, we recommend that you first consult with a specialist - at least by phone, but preferably in person.

Termination of a loan agreement is one of the ways to protect rights

Termination of loan obligations, by virtue of Part 3 of Art. 453 of the Civil Code of the Russian Federation is considered to have occurred from the moment the court decision to terminate the contract comes into force.

The procedure for termination by a borrower of a loan agreement with a bank

Based on the results of the judicial review of this case, a ruling was made to leave the plaintiff’s claims unsatisfied.

Method of protection against unfair fulfillment of obligations

Often, borrowers, having not assessed their strengths and capabilities in solvency, having received loan funds, are not able to pay the obligations under the loan agreement. The consequence of failure to fulfill contractual obligations is the legal possibility of banks to resort to termination of the loan agreement with the application of sanctions provided for in the agreement for a civil violation (collection of penalties or fines). In this case, courts often do not consider the circumstances that caused the violation of the terms of the contract, but take into account only the fact of the debtor’s failure to fulfill its obligations to pay funds. Accordingly, the decision in such cases, as judicial practice on loans shows, is not made in favor of the borrower. Banks almost always receive satisfaction on claims.

Here is one of the typical court decisions in a dispute about the collection of credit debt and termination of the loan agreement, in which the court found that JSC AKB Express-Volga filed a lawsuit against the defendant (borrower) for termination of the loan agreement and collection of the debt. In support of the claim, the plaintiff indicated that the borrower, having received credit funds that were transferred to his account at the branch of JSC JSCB Express-Volga, evaded fulfillment of contractual obligations for a long time, and therefore, in the plaintiff’s opinion, the latter arose the right to demand early repayment of the loan and termination of the contract. In substantiating his legal position at the court hearing, the defendant stated that he stopped paying the loan due to the loss of his job.

As a result, the court, having examined the case materials, made a decision according to which the following was recovered from the defendant (borrower):

the amount of the main obligation under the contract;
reimbursement of bank expenses;
penalties for violation of contractual obligations;
overdue interest

And the loan agreement concluded between the bank and the borrower was terminated.

Termination of obligations unilaterally

Termination of the agreement does not mean that the obligation relationship between the bank and the borrower is terminated. The borrower retains the obligation to repay the loan amount, interest on it, as well as penalties for violation of contractual relations. If a court decision is made on this, the borrower bears obligations until the full execution of this decision. As described in the explanations of the Presidium of the Supreme Arbitration Court of the Russian Federation on this issue, if, in accordance with Art. Art. 310, paragraph 3 of Art. 450 of the Civil Code of the Russian Federation, the bank has every reason to believe that the borrower will not repay the amount under the credit line, then the bank has the right to terminate the fulfillment of its obligations unilaterally while maintaining all legal grounds for receiving counter obligations. Moreover, the penalty and interest on the loan to the bank must be paid for the entire period until the entire loan amount is repaid. And from clause 8 of Information Letter No. 147 of the Presidium of the Supreme Arbitration Court of the Russian Federation, it is clear that if the contract is terminated in court, the obligation relationship is terminated only for a future period. (by the Presidium of the Supreme Arbitration Court of the Russian Federation in paragraph 1 of Information Letter dated December 21, 2005 N 104 “Review of the practice of application by arbitration courts of the norms of the Civil Code of the Russian Federation...... Article 453 of the Civil Code of the Russian Federation). This legal position is set out in (Resolution of the FAS of the East Siberian District dated 04/06/2011 in case No. A33-5284/2010, as well as Resolution of the FAS of the North Caucasus District dated 02.10.2009 in case No. A53-16893/2008).

This example of a bank’s method of protecting its rights is a consequence of the borrower’s failure to fulfill its obligations.

Important to remember: Based on practice in criminal cases, malicious (deliberate) evasion of repayment of accounts payable may entail criminal prosecution of the guilty person.

Greetings again, readers of the Project.

Today there will be an article from the “Frequently Asked Questions” section. Don’t rush to look for this section on the blog, it’s not here. There is no need for it yet, since all the questions you ask in the comments, one way or another, are reflected in my articles. But. There are some controversial topics and, as a result, issues that, I believe, we should talk about separately, so to speak, pay special attention to them.

Today I will answer one of these questions. You already understand what will be discussed, because the title of the article does not imply double interpretation. So, a question for the studio.

Can I terminate the loan agreement with the bank myself?

It is clear that we're talking about not about me, a lawyer, but about the average borrower. But, first of all, I propose to determine why the borrower should independently terminate the loan agreement with the bank. And now I have questions for the borrower.

If you signed a loan agreement and received money, it means that you read the agreement, and ALL of its terms satisfied you. Then why should you terminate the contract?
If you signed a loan agreement without reading it, and then saw some illegal conditions in it, then why terminate the agreement completely? After all, it is enough to recognize part of the terms of the contract as illegal and exclude them from the contract in court. At the same time, the rest of the agreement will continue to be in force.
Early termination of the contract presupposes early repayment of the loan, and therefore, if you simply want to repay the loan ahead of schedule, what prevents you from doing this without legal proceedings? I think there are no such obstacles.

In this regard, I have only one reason left for which a borrower may want to terminate a loan agreement with a bank early on his own initiative: when he is unable to repay the loan further, but does not want the bank to continue to charge interest and penalties on his debt .

In a normal situation, when the delinquency reaches 3 months or more, the bank acquires the right to collect the debt in court. But, theoretically, the bank can exercise its right throughout the entire term of the loan agreement plus three years from the expiration date of its validity (statute of limitations).

In practice, there have been cases when the bank sued the debtor 2-3 years after the last payment. And you must understand that over the years the interest rate has grown very significantly, and I’m not talking about penalties and increased interest. And if the borrower simply “forgot” about his debt, and expects the same forgetfulness on the part of the bank, then he is doing this in vain. Everything will have to be returned tenfold, because the debt must be repaid. This is the law of life.

Many borrowers who are in arrears, or who have finally realized that they are no longer able to repay the loan, know the price of their action. Communication with such debtors showed that, in most cases, they are adequate and reasonable people. They understand perfectly well that the bank is in no hurry to sue debtors, and that only the debtor suffers from this, because interest continues to be accrued monthly, and penalties continue to be accrued daily. And this insane growth will continue until the bank files a claim in court.

Yes, whatever one may say, borrowers are becoming smarter and are less likely to allow banks to deceive themselves. And this makes me happy. After all, I also make some contribution to the development and formation of a correct sense of justice among citizens.

But okay, we found out the reasons. Let's get to the point and finally answer the question: whether the borrower can terminate the loan agreement with the bank ahead of schedule. I'll give you an introduction. You took out a loan from a bank, spent the money safely, and even repaid the loan for some time. But suddenly a situation arose (job change, salary reduction, dismissal, long illness and so on), in which further repayment of the loan became impossible. What to do in this situation: wait until the bank itself sues you and collects the balance of the debt ahead of schedule, or try to terminate the loan agreement with the bank yourself in order to stop accruing interest and fines?

In the first case, it’s understandable. You don’t pay, and sooner or later the bank sues you. Yes, you will be charged the remaining principal and interest calculated as of the date the claim was filed. The bank will also calculate all other components of your debt and indicate it in the claim, but you can reduce all “extra” amounts to almost 0. I have already written on this topic. There will be a link at the end of the article.

In the second case, and this is exactly the topic of today’s article, you do not want to wait for action from the bank, and you do not want the interest on your debt to increase.

Let's turn to the Law. And I will immediately comment on each point. By the way, it must be said that the Civil Code is clear on this issue. So, at the request of one of the parties, that is, unilaterally, it is possible to terminate the loan agreement in court only:

in case of a significant violation of the contract by the other party, that is, the Bank (clause 1, part 2, article 450 of the Civil Code of the Russian Federation). As I said earlier in the article Responsibilities of the Bank, the main obligation of the bank to the borrower is to provide the latter with a loan. That is, if the bank gave you money (transferred to a card, to an account, in cash - it doesn’t matter), it, for its part, fulfilled the terms of the agreement. This means that this basis for terminating the contract will not suit you.
in other cases provided for by the Law or the Agreement (clause 2, part 2, article 450 of the Civil Code of the Russian Federation). It will be more difficult here, so let's immediately mark the unnecessary element. So, the loan agreement may indicate other cases of its early termination, but believe me (and, by the way, check in your agreement), all these cases will be in favor of the Bank. For example, the grounds for early termination of a loan agreement at the initiative of the bank may be: loss of collateral, damage to collateral, late repayment of debt, partial overdue, systematic partial overdue (this is when you pay monthly, but in amounts less than your monthly payment), and so on further.

Each individual bank can come up with its own reasons. The main thing is that they do not contradict the Law and are significant. For example, if you change your place of residence or place of work and do not inform the bank about this, as required by your agreement, this will not constitute a significant violation of the terms of the loan agreement. And on this basis, the court will never terminate it at the initiative of the bank.

What other grounds for termination of the contract are provided by the Law? Let's watch.

On this subject, the Civil Code has only Article 451, which allows in a number of cases to amend or terminate the contract due to significant changes in circumstances. Does this possibility apply to the loan agreement? Let's see.

In order to terminate a loan agreement on the grounds provided for in Article 451 of the Civil Code of the Russian Federation, you must simultaneously meet all 4 conditions:

At the time of concluding the contract, the parties assumed that such a change in circumstances would not occur. And the very first condition passes by. Why? Yes, because you cannot say that you will never get sick or be fired from your job.
the change in circumstances was caused by reasons that the interested party could not overcome after their occurrence, and so on... This is also irrelevant, since the disease can be cured, and the job can be changed, or get a second, third, and so on. I understand that for a borrower such a formulation of the question may seem wild, but, objectively, losing a job is not the end of the world.

I won’t even cite the third and fourth points, since they are not at all relevant to our question. By the way, almost all borrowers and debtors who filed claims for termination of the loan agreement in court were guided by the first two conditions.

And finally, the most interesting thing. My opinion and judicial practice on the issue of termination of a loan agreement in court at the initiative of the borrower.

I agree, I have already written a lot, and if you have reached these lines, it means that this information is really interesting and important to you. And it is no coincidence that I described real situations with loans in such detail using examples. The fact is that many debtors come to me who see the only way out of their personal financial crisis is a legal dispute with the bank. And I keep telling each of them that this business is not worth the candle, that trial in such a situation, this is not only wasted time, financial expenses and disappointment. This is also an escape from reality – from the real problem of credit debt.

Numerous judicial practices in such disputes are clearly in favor of banks. Well, a debtor cannot terminate a loan agreement with a bank just because he does not want to pay interest. Your emotions cannot be attached to the case, and when filing a claim in court, the borrower must be confident that he is right, based, first of all, on the norms of the Law. But such norms simply do not exist.

The first question a judge asks in such disputes is: If you want to terminate your loan agreement, why don't you just pay off your entire debt early? And the answer is well known to you - you simply do not have such an opportunity.

Therefore, my advice to you is not to engage in these meaningless disputes. Focus on the fact that when the bank sues you, you will have to take all measures to reduce your debt, and then, to obtain an installment plan for the execution of the court decision. These methods are much more effective, and they are 100% based on the Law.

Questions, comments, suggestions? I am open to dialogue, as always, however.

Termination of the loan agreement occurs in accordance with the provisions of the Civil Code. The initiator of the termination of the transaction can be either the debtor himself or the lender, if so good reasons. What is the procedure for terminating a loan agreement, as well as how to avoid undesirable consequences, will be discussed in the article.

Grounds

A loan agreement is a document on the basis of which the parties bind themselves to certain obligations: the lender provides the required amount of money, and the borrower undertakes to pay it in installments, according to the terms of the agreement. The legal relationship continues until one of the parties violates the terms of the deal. In this case, the contract is terminated, and the violator may be subject to administrative liability.

Methods for terminating a loan agreement:

At the initiative of one of the parties in court;
On legally if the agreement contradicts the requirements of the civil code;
By agreement of the parties.

By mutual agreement, the parties can reconsider the terms of the agreement and terminate the contract early. Most banks nowadays make concessions to the lender. However, if one of the parties insists on continuing the contractual relationship, then it can only be terminated in court. The counterparty will have to prove that there are grounds for terminating the contract, for example, if the other party significantly violates the terms of the transaction.

Unilateral refusal to fulfill obligations under a loan agreement is regulated

The grounds for terminating a loan agreement with a bank may be as follows:

early repayment of the loan, due to which the need for the contract is lost;
invalidation of the contract;
impossibility of fulfillment of obligations by the borrower;
the need for debt restructuring;
refusal to fulfill obligations under the contract due to the occurrence of certain circumstances, etc.

How to terminate a loan agreement with a bank?

A loan agreement with a bank is drawn up by qualified lawyers in such a way that the likelihood of a violation of the terms of the transaction on the part of the borrower is much higher than on the part of the lender. In order to minimize risks when terminating an agreement, it is necessary to follow a certain algorithm of actions.

The procedure for terminating a loan agreement at the initiative of the debtor:

Drawing up an application for termination of a loan agreement with the bank. The form is filled out in any form with a detailed indication of the reason for the termination of the transaction;
The bank is obliged to consider the application within 30 days and send a response;
If a refusal is received to terminate the contract, a claim is filed in court. The application will need to be accompanied by receipts for monthly loan payments, a certificate of wages and other documents confirming the impossibility of further fulfillment of obligations under the loan agreement. The state fee for a claim is 300 rubles payable;
Trial. The borrower will need to prove the circumstances of the case that he presented as his position of innocence.

If the loan has not been repaid

If the debtor finds himself in a situation where it is not possible to repay the loan and the urgent question arises of how to terminate the contract with the bank in court, you need to weigh your chances.

The court may rule in favor of the plaintiff if the following reasons for non-payment of the loan are proven:

lack of work for a long time. At the same time, the citizen must be registered with the employment authorities;
medical indications. The debtor has an incurable disease and requires significant financial expenses for treatment and maintaining a normal life;
change marital status– the birth of a child, loss of work by one of the family members, cohabitation with a dependent who is supported by the borrower;
force majeure circumstances that could not be foreseen, and it was not possible to insure your property or income from losses in advance (natural disasters, bankruptcy, etc.).

In these cases, the court may decide to restructure the debt. The credit institution is obliged to draw up new contract with the borrower, on the basis of which:

the debtor is exempt from paying interest and penalties;
a flexible payment schedule is established, according to financial situation borrower.

Early termination of the loan agreement

Early termination of a loan agreement can be initiated by both the bank and the borrower. It is possible to terminate the agreement unilaterally in cases provided for by law or agreement.

The bank's right to unilateral termination comes into force only in case of violation of the obligations specified in the contract, in contrast to the right of the borrower, who can notify the bank of his refusal to fulfill the agreement at any time before the loan is granted.

By agreement of the parties, the credit institution and the borrower may terminate the contract if the debt has been paid in full. In this case, the loan agreement on a general basis loses force, since the obligations of the parties have been fulfilled.

Documents for court

A statement of claim for termination of a loan agreement with a bank is filed with the court at the place of residence. The following must be attached to the document:

ID card;
loan agreement;
writ of execution for loan repayment;
checks, receipts, statements from a personal bank account confirming the loan repayment;
salary certificate for 6 months;
documents confirming the reason for the inability to repay the loan;
letters to the defendant about early termination of the contract in pre-trial order.

Termination of a credit card agreement

A credit card requires payment of a service fee, as well as for various additional services: SMS notifications, mobile banking, etc. After concluding a contract, funds are withdrawn from the debtor’s account for these services automatically, even if the card is not used for a long time. Thus, after a long period of time, the amount of debt to the bank can grow to significant sizes.