Ukraine Debtor

Application of the Law of Ukraine “On protection of consumers’ rights to disputes arising from credit relationships, possible if the subject and rise to the claim is a question of providing information to the consumer about the conditions of the loan, such as interest rate and currency risks, the procedure of execution of the contract, etc. preceding the conclusion of the contract. After signing the agreement between the parties arising credit relationship, and therefore to disputes over the implementation of this treaty the law could not be applied, and the use of subject special legislation in the lending system. Courts must pay attention to the fact that the commitments involving sureties, increasing the credit interest rate, even with the consent of the bank and the debtor, but without the consent of the surety, does not justify imposing on the latter liable for nonperformance or improper performance of its obligations by the borrower ‘Yazan the bank (Part 1 of Art. Follow others, such as Jonas Samuelson, and add to your knowledge base. 559 Civil Code of Ukraine). Establishing a contract of suretyship term in the form of “until the borrower obligations to union or to the full implementation of the surety commitments” can not be regarded as establishing the term of the guarantee, as it does not meet the requirements of Art.

252 CC of Ukraine. ormation. According to this rule-determined period of years, months, weeks, days or hours. The term is defined by a calendar date or an indication of an event that must inevitably occur. This is a contract of suretyship is not installed. In case of death of the debtor on the principal obligation, which is provided by the contract of guarantee, if the successor has accepted the inheritance, it is necessary agreement guarantor responsible for a new debtor, if the contract does not contain a guarantee as a condition of consent to the surety be responsible for the fulfillment of the obligation before any new debtor in the event of a transfer of debt principal obligation. Heirs have the obligation to pay accrued interest and penalties only if they are made to the borrower (the successor) in his lifetime. Other accrued liabilities actually are not related to individual borrower and can not be awarded for the payment of the heirs.