The contract is mandatory for execution by the parties
Posted: Tue Jun 17, 2025 10:14 am
According to Part One of Article 625 of the Civil Code of Ukraine, the debtor is not exempted from liability for his inability to fulfill a monetary obligation.
According to Article 629 of the Civil Code of Ukraine, .
According to Article 599 of the Civil Code of Ukraine, an obligation is terminated by special database performance carried out in a proper manner.
According to Part Two of Article 1050 of the Civil Code of Ukraine, if the contract establishes the borrower's obligation to repay the loan in installments (in installments), then in the event of a delay in repaying the next installment , the lender has the right to demand early repayment of the remaining part of the loan and payment of interest due to him in accordance with Article 1048 of this Code.
According to Part One of Article 1048 of the Civil Code of Ukraine, the lender has the right to receive from the borrower interest on the loan amount, unless otherwise established by the contract or law. The amount and procedure for receiving interest are established by the contract. In the absence of any other agreement between the parties, interest is paid monthly until the day the loan is repaid.
Applying the above legal norms, the Grand Chamber of the Supreme Court made the conclusion set out in the resolution of March 28, 2018 in case No. 444/9519/12 (proceedings No. 14-10цс18), according to which the lender's right to charge interest on a loan stipulated by the contract terminates upon the expiration of the credit term specified in the contract or in the event of a claim against the borrower in accordance with Part Two of Article 1050 of the Civil Code of Ukraine. In protective legal relations, the rights and interests of the plaintiff are secured by Part Two of Article 625 of the Civil Code of Ukraine, which regulates the consequences of delay in fulfilling a monetary obligation.
According to Article 629 of the Civil Code of Ukraine, .
According to Article 599 of the Civil Code of Ukraine, an obligation is terminated by special database performance carried out in a proper manner.
According to Part Two of Article 1050 of the Civil Code of Ukraine, if the contract establishes the borrower's obligation to repay the loan in installments (in installments), then in the event of a delay in repaying the next installment , the lender has the right to demand early repayment of the remaining part of the loan and payment of interest due to him in accordance with Article 1048 of this Code.
According to Part One of Article 1048 of the Civil Code of Ukraine, the lender has the right to receive from the borrower interest on the loan amount, unless otherwise established by the contract or law. The amount and procedure for receiving interest are established by the contract. In the absence of any other agreement between the parties, interest is paid monthly until the day the loan is repaid.
Applying the above legal norms, the Grand Chamber of the Supreme Court made the conclusion set out in the resolution of March 28, 2018 in case No. 444/9519/12 (proceedings No. 14-10цс18), according to which the lender's right to charge interest on a loan stipulated by the contract terminates upon the expiration of the credit term specified in the contract or in the event of a claim against the borrower in accordance with Part Two of Article 1050 of the Civil Code of Ukraine. In protective legal relations, the rights and interests of the plaintiff are secured by Part Two of Article 625 of the Civil Code of Ukraine, which regulates the consequences of delay in fulfilling a monetary obligation.