FORMS, METHODS AND MEANS AS ELEMENTS OF THE MECHANISM OF CIVIL LEGAL PROTECTION OF THE RIGHTS OF THE PARTIES UNDER A LOAN AGREEMENT

The functioning of a market economy is impossible without a loan one of the obligatory structures that serve money circulation, through which limited resources are redistributed to those sectors of the economy and to those market entities where there is a shortage. In the process of carrying out business activities, if it is necessary to attract borrowed funds, a loan agreement is concluded between the parties in accordance with Chapter 42 “Loan and Credit” of the Civil Code of the Russian Federation. In addition to liability measures, the legislation also provides for protective measures, which together form a mechanism for ensuring the normal implementation of loan relations in the legal space and serve as a barrier to their violation. To understand the subject of protection, it is necessary to clearly define the range of rights and obligations of the parties to the loan agreement. In addition to the provisions of the Civil Code of the Russian Federation, the legal status of the parties is also secured by other acts, some of which contain public requirements for the figure of the lender or the amount of legal capacity required for him. Based on the analysis of such categories as the subjective right to protection, the mechanism for protecting the subjective civil rights of the parties, the author examines the mechanism of civil law protection of the rights of the parties under a loan agreement, as well as the problems existing in the area of legal relations under consideration. The article reveals the theoretical aspects of the legal regulation of relations related to the protection of the rights of the parties under a loan agreement, analyzes the norms of Russian legislation in this area, and materials from judicial practice. This article is an attempt to form a comprehensive understanding of the forms, methods and means as elements of the mechanism for civil protection of the rights of the parties under a loan agre-ement and about legal problems in this area of legal relations. The work presents the author’s own views and analyzes the theoretical research of scientists in this field.

loan agreement, subjects of loan relations, subjective right to protection, mechanism for protecting rights, forms of protection, methods of protection, means of protection, procedure for protecting rights, organizational and protective legal relations, subject of protection

Khasimova L. N. Forms, methods and means as elements of the mechanism of civil legal protection of the rights of the parties under a loan agreement. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2024;1(66):191—196. DOI: 10.25683/VOLBI.2024.66.918.