Legal Regulation of the Loan Agreement in Russia in 1917—2017

Abstract

In the paper the author scrutinizes the process of historical formation of the concept of loan. The author compares the legal regulation of the loan agreement under the Code of Laws (Svod Zakonov) of the Russian Empire, the draft Civil Code (Grazhdanskoye ulozheniye) of the Russian Empire, the RSFSR Civil Code of 1922 with the laws currently in force. Turning to the history of law is not accidental, since the Concept of the Civil Legislation Development 2009 draws attention to the need to take into account the historical development of Russian Law. In support of the conclusions made by the author, the paper provides the examples the legislative and judicial authorities appealing to the history of Russian Law, namely, the rules of law and the doctrine of prerevolutionary and Soviet periods. Based on the analysis of the relevant norms, it is concluded that the current legal regulation of the loan agreement is based on the norms of the Russian pre-revolutionary legislation and pre-revolutionary doctrine, as well as on the norms of the post-revolutionary period, which allows to apply the legal structures developed during the specified periods in the science and jurisprudence. Thus, the author suggests that the possibility of concluding and determining the consequences of refusal from the preliminary contract concerning conclusion of the loan agreement in the future be enshrined in the Civil Code of the Russian Federation. In addition, the author, based on the analysis of the doctrine of the XIX-XXI centuries, substantiates the possibility of concluding the loan agreement in accordance with the consensual model.