Ratio of the terms «loan» and «gratuitous use»: issues of the theory

This article analyzes existing scientific approaches to the definition of gratuitous use (loan), examines the problems of law understanding and interpretation of the concepts of gratuitous use and loan, as well as identification of the latter with the concepts of loan agreement and credit agreement, which, in the author’s opinion, contradicts to the legal nature of the contract of the property uncompensated use. The paper provides analysis of jurisprudence and results of sociological interviewing confirming substitution of these concepts, which confirms the need of clarification of the relevant terminology in the RF Civil Code. The author’s vision of solutions of the problems of mixing of these concepts is proposed by deleting the term «loan» from Article 689 of the RF Civil Code and by calling the counterparties in such agreement as «one party» and «the other party».

contract of gratuitous use, contract of loan, interestfree loan, loaner, borrower, loan agreement, credit agreement, loan account, right of use, right of ownership