How to recognize a loan agreement invalid

How to recognize a loan agreement invalid

Credit relations in our country very quickly, or rather, to say - rapidly gain changes. Due to certain factors - financial crises, the participation of unfair creditors, further loan maintenance can be problematic, and sometimes it is impossible. Fortunately, there are several different options for exiting a complex position. If the sale of collateral and debt restructuring is not quite suitable options, the recognition of the loan agreement is invalid by invalid to facilitate your life.

1
So that the process of recognizing the contract is invalid to be completed in your favor, it is necessary to extremely carefully prepare all the stages of the court. There is no exhaustive reasons for recognizing the transaction powerless. Daily lawyers work on finding new grounds for challenging. But there is a standard list of conditions, with a violation of at least one item from which the transaction can be considered invalid. The main thing to remember is that the repeated chance for the proof of the wrong may be. The action of the recognition of the contract is unlawful - absolutely disposable.

2
One of the weighty arguments playing in your favor can be the lack of a license from the Bank to carry out various currency transactions, including the conclusion of loan agreements. In this time you will be obliged to pay only the body of the loan, in which interest paid earlier.

3
An equally important reason can be an intentional or accidental provision by the Bank by the Client not fully about lending. On a row with this factor, there is a "floating", then I mean not a fixed interest rate. It also often becomes the cause of termination of the contract.

4
An important arguments include an imbalance between the responsibilities and rights of the debtor and the lender. It is also worth carefully studying the contract and search for possible dispersion of the conditions with those that were discussed by negotiations and correspondence. Since the inconsistency of a particular contract, the will of the Parties is considered an important reason for recognizing it invalid.

5
It happens that at the conclusion of the contract, the Family Code was not observed: that is, the second spouse did not agree to receive a loan. And sometimes transactions signed by parents contradict the interests of children. In the other case, the contract can be considered invalid.

6
If the contract does not comply, contradicts the regulatory acts or is not concluded in the established standard order, you can count on a positive decision of the judiciary. Sometimes lawyers leading such a matter find grounds to consider the borrower with an incapable person. In this case, the contract is not concluded and can be invalid.

7
It is less common, but, as a rule, bears more argument, a number of reasons for the type: the conclusion of the transaction under the influence of the threat, deception or violence; Signing a contract without understanding the essence of the credit operation, that is, under the deliberate introduction of the borrower by bank employees.

As you can see, reasons for confirming the invalidity of the loan agreement - a huge amount. But is it worth it to act in a similar way? Most likely, even a positive decision will not bring tremendous benefits besides the fact that the interest paid is counted in favor of repayment of the principal amount. The property will be imposed on the full payment of the "body" of the loan. And in case of your refusal or delay, the Bank will be able to submit a counterclaim to the court asking for recovery.

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