Loan agreement: urgent questions of legal regulation

Abstract

The article discusses the question of a bilateral character of the loan agreement contract. It validates a conclusion about the existence in the loan agreement of the rights not only for the lessor (traditional approach), but also for the borrower. In educational and scientific literature in connection with the subjective rights and obligations of the loan agreement parties there prevails an opinion that the obligation under the contract of a monetary loan is unilaterally binding as the authorized party (the creditor) is always a lessor and the bound party (the debtor) is always a borrower. At the same time, it is necessary to differentiate a contract of a monetary loan and a contract of a commodity loan in connection with differences in a set of the bilateral rights and duties of the lessor and borrower. The article also studies the question of a weak party in the loan contract.