THE IMPORTANCE OF LEGAL QUALIFICATION OF THE NATURE AND CHARACTER OF THE LOAN FOR UTILIZATION PURPOSES
THE IMPORTANCE OF LEGAL QUALIFICATION OF THE NATURE AND CHARACTER OF THE LOAN FOR UTILIZATION PURPOSES

Summary/Abstract: The legal characters of agreements in general and of the loan agreement for utilization purposes in particular have a special importance considered from multiple legal reasons, such as: from the point of view of the institution of the civil legal act, more precisely, from the point of view of the valid formation of the civil legal act, including here both the meeting of the substance requirements (especially capacity), and the requirements of form of the legal act, up to the formation of the agreement with the legal phases of the agreementual mechanism: the pre-agreement phase, namely the agreementual phase which results from the interpretation of the legal characters of the loan agreement for utilization purposes, elements which constitute a condition for the valid conclusion of the agreement, the qualification elements upon the conclusion of the bailment agreement, which are essential elements necessary for the separation of the bailment agreement from the mere promise to agreement, and also from other agreements that have the same feature, such as: agreement of free deposit, the pledge agreement or the mandate free of charge, and also the risk elements of the agreement, with the specific sanctions that might be invoked in the field of bailment.

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