К вопросу об исковой давности и форме требования возврата денежных средств по договору бессрочного займа

Abstract

The author considers the issue of the form of a refund claim under an indefinite loan agreement and the associated beginning of the limitation period. The object of the research is the noms of the Civil Code of the Russian Federation on the loan agreement, the form of transactions and the statute of limitations. The purpose of the work is to substantiate the need to use a written application form for the repayment of funds under an indefinite loan agreement. Using general logical methods of theoretical analysis, system analysis, formal legal method and interpretation, the legal nature of the demand for funds under an indefinite loan agreement, as well as approaches to the form of such a demand, are investigated. It is concluded that it is necessary to record the expression of will for the repayment of funds under indefinite loan agreements on any material media in order to exclude abuse of the right, an example from judicial practice is given.