Analysis of some of the issue of expanding the subject of a loan agreement

Аннотация

The article analyzes the concept, value of the loan agreement and issues related to its application. The article also considers the expansion of the scope of the subject of the loan agreement and develops proposals to improve the legislation on debt. Keywords: Debt, contract, goods, money, securities, creditor, borrower, interest, rights and obligations of the parties, financial market. Given the current procedures and procedures for loan agreements, the habits of business in the industry and the legislation aimed at regulating lending in the banking and financial sector, the loan agreement has the following legal characteristics: indicates: a unilateral or bilateral, real and consensual contract, a contract concluded free of charge or for a fee. Such a 42 Scientific research results in pandemic conditions (COVID-19) description of the loan agreement is based on the terms of the agreement and the requirements for lending and borrowing set out by mutual agreement of the parties. In particular, if the parties to the loan agreement specify the obligation of the lender to repay the loan amount in the future, and agree to repay the loan amount with interest, the loan agreement of this content is consensual, bilateral (reciprocal) and equal. Such a loan agreement is a real, unilateral and free agreement, if it is executed by concluding a loan agreement between citizens and the loan amount is repaid without interest. At the legislative level, the inclusion of securities and foreign currency in the subject of the loan agreement also stems from the habits formed in today's modern financial market and among citizens and entrepreneurs. This is due to the fact that the courts do not address this issue in the context of a large number of lawsuits related to the recovery of foreign currency loans, ie the existence of a legal gap does not allow the courts to draw clear conclusions. The solution to this problem is to introduce in the legislation the rule that it is possible to lend in foreign currency. Borrowing securities is also related to these aspects. After all, when a security is lent, it is expedient for the borrower to improve its financial capacity by dividends from it or by selling it, and then at the end of the agreed period, the borrower who has improved his financial capacity to return this type of security. At the same time, it would have a positive impact on the development of the securities market in Uzbekistan. At present, it is important to use the loan receipt in concluding a loan agreement and defining the rights and obligations of the parties, to ensure the interests of the parties to the agreement, to expand the opportunities for business to apply the loan. It is important to use clearly targeted loans, simplify the procedure for issuing loans by banks and microcredit organizations. In addition, in order to expand investment opportunities in the country and increase investment attractiveness, it will be necessary to create certain conditions for the use of loans from Islamic banks, to set requirements for the use of interest-free loans among citizens. At the same time, it is important to abolish the procedure for setting interest rates on borrowers when they receive the loan amount for personal needs, to receive a share of profits in the loan amount for business, and to repay the loan in the absence of profit. From time immemorial, relationships between people, such as supporting each other, helping each other, caring for each other, have been formed in the spirit of a certain morality and human kindness. There are different manifestations and means of mutual care and closeness of people to each other and support. One such tool is debt. In the explanatory 43 Scientific research results in pandemic conditions (COVID-19) dictionary of the Uzbek language, a loan is a word derived from the Arabic language and is described as something given or received on the condition of repayment after a certain period of time [6, p. 247]. Of course, debt today has not lost its caring, supportive and reciprocal nature. However, the importance and necessity of debt is not determined by these factors alone. In addition, debt is a means of raising funds for business activities. For example, small businesses can start their own business by borrowing from a bank. The provisions of the Civil Code of the Republic of Uzbekistan on the loan agreement are contained in Chapter 41. That is, the loan agreement is between transportation and forwarding services and services provided by the bank, which in essence is the basis for the recognition of the loan agreement as a service agreement. However, if the definition of this contract in FC is analyzed in more depth, the place of this contract in FC may be called into question. In particular, according to the first part of Article 732 of the Civil Code, under a loan agreement, one party (the lender) transfers to the other party (the borrower) money or other items marked with type charac