Borrowing money or other valuables from a private person means entering into credit relations (Chapter 42 of the Civil Code of the Russian Federation). Any loan is regulated by a written agreement and is onerous, even if it is not specified in the agreement itself (Articles 162, 807, 809 of the Civil Code of the Russian Federation). It follows from all these laws that the main document governing the relationship between the borrower and the lender is a simple written or notarized contract.
- - passport of the borrower, lender and witnesses;
- - a contract in duplicate, written by hand without using printers.
To borrow money or other valuables from a private person, invite witnesses from your side. There must be at least two witnesses. Also ask your creditor to invite witnesses from his side. If you do not want to disclose your credit relations, then the best option would be to contact a professional notary and draw up a notarized loan agreement.
If you turned to a notary, then a professional lawyer will take into account all the points that should be reflected in the contract so that in the future there are no disputes and disagreements on its implementation. If, nevertheless, disputes arise, then they should be resolved in court, and not by the method of threats and showdowns, which is not a legitimate receipt of funds from the borrower by the lender.
If you decide to draw up an agreement in a simple written form, then indicate in detail your details and passport data, details of the creditor and witnesses. In the contract itself, describe in detail all the conditions of the loan, the amount of borrowed funds in figures and in words, the repayment terms and interest rates on the loan. Experienced lawyers advise all interest rates to be included in the total amount of borrowed funds, which is very beneficial to the lender, but not to the borrower. Since in the event of disputes, delays and legal proceedings, the court will not consider that the interest has already been included in the principal amount of the debt. The judicial authorities will issue a resolution on the compulsory repayment of the debt itself and the forfeit, acting in accordance with the rates of the Central Bank of the Russian Federation at the time of the proceedings.
After drawing up the contract, sign it bilaterally, get the signatures of the witnesses present, the amount of borrowed money or other valuables. Leave one copy of the agreement for yourself, give the other to your creditor.