А Б В Г Д Е Ж З И К Л М Н О П Р С Т У Ф Х Ц Ч Ш Щ Э Ю Я
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Чтение книги "The implementation of the economic cycle: freedom, trust, duty" (страница 24)

   2.2. Requirements of credit institutions in the mortgage law relations: species, the base

   Collateral relations are of a security nature, therefore, are activated only when the improper performance of the secured obligation, which is the legal basis for claims exposed.
   In the case of the systematic violation of their obligation under the loan agreement the bank shall send him a claim, which indicates the size of the debt at the time of its composition and possible options to further resolve the situation. A variety of pre-order is a Complaint for dispute settlement[237].
   In accordance with paragraph 1 of art. 810 of the Civil Code borrower is obliged to return to the lender (creditor) obtained a loan amount in time and in the manner stipulated in the loan agreement (loan agreement).
   Article 811 of the Civil Code established consequences of a breach by the borrower of the loan agreement (loan agreement), pursuant to paragraph 2 of that article, in violation of the borrower deadline for returning the next part of the loan (loan), the lender (lender) is entitled to demand early repayment of the entire outstanding amount of loan (credit), together with the interest due.
   On the basis of art. 348 of the Civil Code and in accordance with the provisions of the loan agreement the mortgagee to foreclose the right to the collateral out of court, if not met the requirement for early performance of obligations under the loan agreement. Non-judicial foreclosure procedures on the mortgaged property may be specified in the contract or agreement collateral to it[238].
   The bank offers the borrower within ten days to perform its obligations under the loan agreement through debt or through the transfer of collateral to refer to it out of court foreclosure in partial repayment of debt under the credit agreement.
   In case of dissatisfaction with the requirements of the bank in the pretrial order shall be prepared and forwarded to the court for the recovery from the borrower's payments on the loan agreement and the costs of public duties, foreclose on the mortgaged property, to seize the car in order to avoid alienating.
   The mortgagor provides the mortgagee security vehicle. The property belongs to the mortgagor the right of ownership, attested passport of the vehicle. Due to the fact that under the agreement the collateral is in the use of the mortgagor, a credit institution follows roping minimizes their financial risk.
   Pledger shall not later than 5 working days from the date of signing the agreement to transfer custody of the mortgagee to the original passport of the vehicle, pledge and a copy of the certificate of its registration with the traffic police and pass technical inspection of the vehicle. Original Title pledged the vehicle is transferred to the bank for the entire term of the loan agreement (Annex property pledge agreement).
   The mortgagor guarantees that the property is not mortgaged, sold or not presented with any third party, wanted or not is under arrest. The mortgagor also ensures that it is free from any kind had obligations to third parties on the property.
   The collateral value of property is the price of the vehicle under a contract of sale.
   Pledge of property provided pursuant to the following obligations under the loan agreement:
   – Repayment of the loan;
   – Payment of interest on the loan;
   – Lump-sum payment, loan fees;
   – Payment of high interest;
   – Reimbursement of legal costs to recover principal and other losses of the mortgagee, caused by failure or improper performance of obligations by the borrower under the credit agreement;
   – Reimbursement for necessary expenses for the maintenance of the mortgagee of the property and the costs of foreclosure on the property and its implementation.
   The property is the mortgagor in possession and use. The mortgagor must:
   – To conclude a contract with insurance company insurance purchased with a loan car from risk of loss and damage[239] to the following conditions:
   – The sum insured for the risk of loss and damage to the purchased vehicle must not be less than the collateral value of property;
   – The period of insurance – not less than the loan term, plus one month after the end of the maturity of the funds;
   – With extension of the contract vehicle insurance, the mortgagor shall, within 10 calendar days from the date of expiry of the previous insurance policy vehicle to give the mortgagee a copy of insurance and copies of documents confirming the payment of insurance premiums in accordance with the terms of the said contract of insurance.
   – Indemnity under the insurance contract should be transferred to the account of the mortgagor, the mortgagee in an open or a beneficiary under the insurance contract shall be the mortgagee, in practice, come insurance cases in which there is a partial repayment of the loan obligation at the expense of insurance premium[240].
   Within 10 calendar days from the date of expiry of the previous insurance policy liability insurance of vehicle owners to provide a copy of the mortgagee stress policy of compulsory insurance and copies of documents confirming the payment of insurance premiums in accordance with the terms of the said contract of obligatory insurance.
   Provide the mortgagee document reflecting changes in the insurance conditions of the treaty, within 10 days from the occurrence of these changes occurred in the conditions of exploitation and use of a vehicle specified in the contract, and other events, if they can significantly affect the increase of the insured risk.
   All persons to whom the mortgagor provides the right to use the vehicle shall be appropriately listed in the insurance contract. If you change the mortgagor during the period of the contract, persons admitted to driving, appropriate changes should be made to the insurance contracts, with copies of the modified contract of insurance must be provided by the pledger to the pledgee within 10 days from the date of the change.
   In the case of a car as a taxi (passenger), is compulsory – insurance risk «accident» in a lump system to the following conditions (Appendix property pledge agreement):
   – The minimum sum insured is equal to the collateral value of the vehicle;
   – The period of insurance – not less than the loan term, and within 1 month following the expiration of a refund.
   In order to fulfill its obligations, the borrower requests the bank to provide information and documents to the insurer:
   – Information about the borrower (name, date of birth, place of residence, phone number);
   – Copy of passport and (or) a borrower's identity;
   – A copy of the borrower's driver's license;
   – A copy of the passport of the vehicle;
   – A copy of the loan agreement, pledge agreement, sales contract, any other information and documents available to the borrower's loan file.
   Inform the mortgagee within one working day of the accident on the property, in particular, its loss or damage claims of third parties, arrest, and which threatens the onset of these and other events that may affect the safety of the property.
   For three days to inform the mortgagee of his intention to temporarily depart from the place of residence or place of residence change with the new address.
   Take measures necessary to ensure the safety of property, including protection from abuse and claims of third parties.
   Provide an opportunity for the mortgagee, upon request, to check the status of the property[241], as well as other information about the property and the conditions of its storage.
   The mortgagor may not alienate property, transfer his lease or free use third parties to perform subsequent pledge of property or otherwise dispose of them without the written consent of the mortgagee. When the right of ownership of the mortgaged property from the mortgagor to another person, as a result of onerous or gratuitous alienation of the property, either by way of universal succession, the right of lien remains in force (par. 1, art. 353 Civil Code)[242].
   Replacement of the collateral shall be permitted with the consent of the mortgagee. If the collateral was lost or damaged, or ownership of it terminated on the grounds established by law. Mortgagor to the mortgagee option shall replace it with another property of equal value or advance secured by the pledge to perform the principal obligation. Return the sum of money to pay the accrued interest, a one-time fee for the issuance of the loan on time and in the manner prescribed by the pledgee.
   In the insurance case and if there are no outstanding debt under the credit contract indemnity may be paid to the depositor of cash or used to restore the collateral to a repair organization. What is the mortgagor must provide the mortgagee a statement in this application must be filed prior to transfer of funds of the insurance company at the expense of the mortgagee.
   The mortgagor agrees to make information on mortgage car into a database and the associated limitations in terms of the commission of any depositor of registration actions with this car before submitting written notice to the mortgagee to terminate the contract of pledge in respect of a particular car and withdrawing the mortgagor of the restrictions on the performance of registration actions.
   The mortgagor shall:
   – Do not change the registration data of the property by applying to the traffic police authorities for the commission of any registration procedures with the car who are pledged to the mortgagee, in the period of the contract without the written consent of the mortgagee.
   – Does not apply to the traffic police authorities for a duplicate passport of the vehicle during the term of the contract without the written consent of the mortgagee.
   Foreclose on the property to satisfy the claims of the pledgee may be paid in the event of nonperformance or improper performance of obligations by the pledger the loan agreement. One of the main rules of the lien, which expresses the idea of the strength of collateral are as follows – a pledge not to be the face, but for the thing[243].
   The pledgee has the right to foreclose on the property if not satisfied his demand for early performance of the depositor obligations under the loan agreement, or the mortgagor without the written consent to dispose of the object of pledge.
   In the case of full execution of the depositor obligations under the loan agreement the mortgagee shall suspend the procedure for foreclosure of the mortgaged property.
   The order of foreclosure and sale of property subject of lien under the contract (Annex property pledge agreement):
   In case of failure or improper performance of obligations of the depositor under the credit agreement, the mortgagee shall send the depositor a written notice of default or improper performance of obligations by the pledger on the loan agreement and the foreclosure of the property. This notice may be sent to the mortgagor by registered mail, return receipt requested or sent mere delivery.
   The right to use the property the mortgagor ceases from the date of receipt of the notice. Pledger shall not later than the next working day from the date of receipt of the notification to transfer the property and all related documents to the pledgee. Transfer of property and documents drawn up by the parties signing the instrument of acceptance of the property. In practice, there are situations when compiled with the act at variance the actual situation and the vehicle remains in the debtor, which leads to controversial situations[244].
   Disposal of property is done by selling it after 14 days from the date of receipt of the notice, and provided that the indebtedness under the credit agreement is not paid in full.
   Sale of property in accordance with civil, civil procedure, and other laws of the Russian Federation. The initial selling price of the property shall be equal to the collateral value of the property, but can be adjusted for depreciation and useful life of property by an act of evaluation.
   Sale of property is made on the commission and other contractual basis organization authorized by the mortgagee.
   The costs of foreclosure on the property assessment, including the remuneration of the authorized organization shall be reimbursed by the mortgagor.
   Remaining after satisfaction of the pledgee's assets, less the costs of foreclosure on the property shall be addressed to the depositor.
   Procedure within a treaty of foreclosure on the property and its implementation does not deprive the mortgagee the right to satisfy their claims by judicial decision.
   When working on a project of the Civil Procedure Code В.В. Ярков offered in the production of any claim of writ of execution of bail bonds[245], but the suggestion was only at the scientific level.
   Under the agreement, was granted a loan of a certain sum for the purchase of a motor vehicle under a contract of sale of the car. In order to ensure credit issued by the borrower and the bank signed an agreement of pledge the purchased property.
   Under the terms of the loan agreement the borrower is obliged to carry out monthly partial repayment of the loan and pay interest on the loan in up to 30 (31) numbers.
   The history of redemption bank confirms that the repeated failure by the borrower current obligations under the loan agreement.
   According to art. 309 of the Civil Code obligations must be performed properly in accordance with the terms of the obligation.
   In accordance with art. 819 of the Civil Code to the relations of the loan agreement, the rules specified in the provisions of the Loan, in accordance with art. 810 borrowers must return to the lender received the loan amount on time and in the manner agreed to the loan agreement.
   Under Part 2 of art. 811 of the Civil Code if the loan agreement provides for the return of the loan in parts (by installments), the borrower in violation of the deadline for returning the next part of the loan, the lender may demand early repayment of the remainder of the loan amount along with interest due.
   Under part 1, art. 348 of the Civil Code foreclose on the mortgaged property to satisfy the requirements of the mortgagee (lender) may be paid in the event of nonperformance or improper performance by the debtor of the secured obligations due to circumstances for which it is responsible.
   In accordance with art. 139 of the Civil Procedure Code on the application of those involved in the case, the judge or the court may take action to secure the claim, including the seizure of property belonging to the defendant and located him or other persons (Article 140 Code of Civil Procedure Code). The arrest of the debtor's property consists of inventories, ad ban to dispose of it, and if necessary to limit the right to use the property, its withdrawal or the deposit[246].
   Guided by paragraph 1 of part 57 of the Civil Procedure Code, the bank asks the court to confirm the details of finding the car in the possession of the borrower's ownership rights, request the owner of the car traffic police federation subject registration.
   In substantiation of his statement the bank gives the following documents:
   – A copy of the credit contract;
   – A copy of the pledge agreement;
   – A copy of the application for transfer of funds;
   – A copy of payment orders to transfer money;
   – A copy of the passport of the vehicle;
   – A copy of the questionnaire the borrower;
   – Copy of passport borrower;
   – Calculation of the debt;
   – The history of the borrower's repayment under the contract;
   – A copy of the claim;
   – Copy of e-mail registry.
   In order for the society appeared to have a relationship, you must first be the interest that will settle in one's mind and will serve as a motive for committing an act of their own participation or stimulate the activity of another person. Credit relations also arises a result of the mechanics, but their legal structure is such that one side, performing the duty, it becomes a passive observer of correspondence on the other hand, often acting improperly. To meet the needs of the lender to the borrower's proper conduct additional collateral relations formed the basis activation, which are violations of the order of execution of the original credit or voluntary statement of despair borrower.
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