Features of inheritance of obligations under the loan agreement

Barinov Andrey Viktorovich, Kuznetsova Natalia Vladimirovna, Ryabova Olga Alekseevna

The article is devoted to the issues of inheritance of obligations under the loan agreement. Based on the analysis of the norms of civil legislation, scientific works and explanations of the highest judicial instance, the features of the application of the norms of civil legislation regulating the procedure for inheritance of obligations under a loan agreement are highlighted. Contradictions are revealed in the judicial acts that resolve disputes about the recovery of debts from the heirs under the loan agreement. The problems related to the early repayment by the heirs of the loan received by the testator for carrying out business activities and unfair actions of the lender in the long-term non-presentation of claims to the heirs for debt collection are disclosed. Proposals are formulated to improve the norms of civil legislation governing the relationship of inheritance of obligations under the loan agreement

Keywords:heirs, inheritance, opening of inheritance, loan agreement, interest for using the loan, debt collection, abuse of rights.