Comparative Analyses of the Loan Agreement in Macedonian and Bulgarian Law Cover Image

Споредбена анализа на договорот за заем помегу македонското и бугарското право
Comparative Analyses of the Loan Agreement in Macedonian and Bulgarian Law

Author(s): Stefan Stoianov
Subject(s): Law, Constitution, Jurisprudence, International Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: loan agreement; lender; borrower; money or other interchangeable goods; ZOO; ZZD; real; consensual; unilaterally binding contracts; double-sided binding contracts; gratuitous; onerous; interest; right

Summary/Abstract: The loan agreement is one of the most commonly encountered contracts today. The purpose of this essay is to get acquainted specifically with the rights and obligations, ie the responsibilities of the parties in the loan agreement, considered comparatively in the two neighbouring laws. At the same time, by studying the legal definitions of this agreement, I hope that I will encourage in the future, experts to analyze the other agreements, in order to be able to overcome the differences in the coming period, and the legal entities engaged in trade activity in international frames, to feel safer, without needing further interpretation of that what the different legislators thought. The loan agreement is known even from Roman law, which means it is a very old and important contract, and it is especially useful to know its outlines, that is, its elements and characteristics, and working on it in detail, I was striving to capture all the important points associated with this contract and to decant them into understandable words for readers. I also mentioned the differences that appear, according to the views of the Republic of Northern Macedonia and Republic of Bulgaria, wherefore I point out where there could be misunderstandings if any of the citizens of those countries find themselves in a situation to be a party in the other country. However, it has to be noted that even in the continental legal system, there is no uniform legal regime for the loan agreement between the states, so we should not take this as a "pathological" phenomenon. Simply, each state has its own standpoint on legal measures or follows an older, more accepted and more comprehensive theory. So, I hope my short essay will appeal to readers.

  • Issue Year: 2019
  • Issue No: 1
  • Page Range: 98-102
  • Page Count: 5
  • Language: Macedonian