Nochovkina O. Loan agreement according the Civil Code of Ukraine.

The thesis is focused upon complex research of theoretical and practical problems of the loan agreement in terms of the Civil Code of Ukraine. The place of the loan agreement is determined in the system of civil contracts, the essential terms, contents are identified and its legal characteristics are provided. It is determined that the object of the agreement is its useful effect in the form of gratuitous possession and use of the agreement, subject of which is represented by individually determined inconsumable item being able to satisfy the user's requirements. Gratuitousness is the distinctive feature of the loan agreement. The agreement's subject is its essential term. It is concluded that the loan agreement is an individual subtype of agreements dealing with property handling and that certain provisions of Clause 58 of the Civil Code of Ukraine can be applied to the loan agreement. The criteria for determination of limits to applicability are the gratuitous nature and the defined period of relations. Subject contents of the loan agreement have been studied and the conclusion has been arrived that the peculiar features of such deed concluded between two private entities is the existence of good neighborly relations (confidence) between them, which relations are based upon disinterestedness. The loan agreement concluded between two legal entities is characterized by socially useful objectives and acts as a legal mechanism of the loaner's social function realization. Reasons for agreement termination, problems of its application and consequences of the parties' obligations breach in terms of the agreement have been studied.