Tupitska E. Novation of debt into the loan obligation in legislation of Ukraine

The dissertation contains investigation of the most important theoretical and practical problems, concerning the novation of debt into the loan obligation as a special civilistic construction. Its legal nature, mechanism and grounds of origin are examined. It's also determined, that parties' agreement on the novation of debt into the loan obligation ranks independently in the loan obligations system. All characteristics of civil contract, which is suggested to be called "novational contract of debt", are inherent in the mentioned legal construction. Legal features of the referred contract are analysed, and its definition is formulated on their grounds. The conclusion about the unnamed contract of novation of the duty into the loan obligation is drawn, its essence as an unnamed kind of a named type of contract of debt is identified. Possible forms of entering into the novational contract and terms, that make its content, are scrutinized. The features, which differ civilistic construction of the novation of debt into the loan obligation from the legal relationship of the ordinary loan are described. Nature of interest charges in bonds of obligation is researched, their essence in the novational contract of debt is identified. It's ascertained that the aim of recovering such interests is not receiving pay for loaning (credit payment), but a fact of using other's funds as a result of default on an obligation.