According to research company, 30 % of people have run into debt under credits. From among debtors 24 % took a consumer loan, and 2 % for purchasing of a car and a mortgage. The majority of borrowers have reported that spend for payments from 20 % to 30 % of the income. Since February, 15th, 2011 amendments to a number of laws which will improve compulsory execution will come into force for the sake of judicial-finance solutions.
So, the bank can force to implement the debtor pledge, cost to 150 free minima, without auction, through commission shop. Term of voluntary accomplishment by the debtor of the judgement is excellent. Trip abroad can prohibit not only to the debtor-physical person, but also its chief. At last, arrest on the money funds placed in financial organizations (for example, accounts of the insolvent borrower) extends now and into the accounts opened after the judgement on such arrest.
Adoption of law about executive production and some other legal acts as a whole is positive. Today decisions of the courts, including on credit disputes aren’t performed for years. Frequently execution lasts longer, than proceeding. In this time the debtor continues to use de facto borrowed funds, causing thus damage to the creditor, increasing a nominal debt for which collecting the creditor is obliged to address in court with the additional claim.
The reason is such as acting and archaic enough legislation on executive production which allows the debtor to tighten in every possible way with little effort executive production, making in court so-called technical complaints and claims about each procedural action of the state contractor.
In the said act the rights of the state contractor are more concretized, some simplifications of realization of mortgage property of the debtor (in particular, at the auctions will be implemented only by the real estate of the debtor movable – through commission trade shops) are entered. Some changes are made to judicial procedural codes for the purpose of elimination of contradictions with the Law about executive production. For judgement of non-execution, except a criminal liability, the administrative is entered also.
In general, as to disputes of banks with borrowers the majority of them are initiated by borrowers for the purpose of evasion from accomplishment of the obligations, therefore also the argument at them frequently decided. Recent generalization of judiciary practice has actually given up as bad job so-called disputes on currency credits. Today it is a lot of interesting and loud disputes – basically it is credit and mortgage disputes of banks with large enterprises, affairs about bankruptcy of large borrowers.
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