On September 5, 2018, the first roundtable of the Financial club dedicated to the “Loan Agreement and Credit Contract. Novelties of Art. 807 of the Civil Code of the Russian Federation” took place.
The Financial club is the new project of International and Comparative Law Research Center in collaboration with the Department of Civil Law of the MSU Law faculty and the “Statut” law school. Foreign and Russian experience in financial transactions regulations in the comparative legal context, trends of global and domestic judicial practice as well as various scientific publications and regulatory legal acts projects on the topic will be discussed at the club’s meetings.
The following questions were discussed at the roundtable on September 5:
Expanding the list of objects eligible for loan agreements after the Civil Code reform. Loan liquidation and repayment in foreign currency. Impact on the judicial practice.
Reality and consensuality of loan agreement: regulation review before and after the reform. Practical impact, including:
Default model;
Optional model;
Differences from a credit contract and others.
Loan collectability as a special characteristic of a loan liability:
The discrepancy between loan volume and the consideration of the lendee;
Legal nature of “hybrid” and “convertible” loans;
Contestation of unrecoverable loans (art. 812 of Civil Code), the possibility of the existence of “abstract” financial obligations.
Participants:
Roman Bevzenko, Ph.D. in Law, professor at Research Centre of Private Law under the President of the Russian Federation;
Artem Karapetov, D.J.S., Director of the Law Institute “M-Logos”, Professor of Higher School of Economics, Chief Editor of the “Bulletin of Economic Justice” journal;
Nikolai Kurmashev, Adviser of Financial practice at Linklaters;
Sergei Sabrash, D.J.S., Head of the department of general problems of private law at Research Centre of Private Law under the President of the Russian Federation;
Oleg Ivanov, Ph.D. in Law, Advisor to the Chairman of the Association of Banks of Russia, Associate Professor of the Chair of Banking Law of the Moscow State Law Academy;
Nikita Chugunov, Deputy Head of the Legal Department of ING BANK (EURASIA) JSC;
Representatives of the banking and academic community.
Moderator – Maksim Bashkatov, Director of International Private Law and Comparative Law Research at International and Comparative Law Research Center, lecturer of the Civil Law Department of the Faculty of Law of the MSU, Master of Private Law, Editor-in-Chief of the Journal of the Civil Law, Lecturer of the “M-Logos” advanced training courses and the “Statut” law school.
