Publication details
Smlouva o úvěru
| Title in English | A Contract for the Sale of Enterprise |
|---|---|
| Authors | |
| Year of publication | 2011 |
| Type | Article in Periodical |
| Magazine / Source | Komora CZ : měsíčník Hospodářské komory České republiky |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | Commercial Code; business contracts; conclusion of contracts; contract of work |
| Description | In the Czech legislation, lending agreement is governed and regulated in the Civil Code, whereas loan agreement is governed and regulated in Sec. 497 through Sec. 507 of the Commercial Code. In order to apply loan agreement provisions, a particular agreement must have substantive requisites and particulars prescribed by virtue of law. The law stipulates that under the loan agreement the creditor agrees to provide a loan at debtor's request up to a certain amount, and the debtor agrees to repay the loan and pay interest accrued thereon. There is a difference between lending agreements and loan agreements. Arrangement on interest is not a substantive requisite of a lending agreement. It means that in order to give effect to a lending agreement such agreement does not only need to be signed, but the subject of the agreement must be handed over to the borrower. Therefore, the subject-matter of the lending agreement does not necesarily need to be the money, but it may also be any other thing. |
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