Einde inhoudsopgave
Draft Common Frame of Reference
IV.F. — 1:101 Scope
Geldend
Geldend vanaf 01-01-2009
- Redactionele toelichting
De dag van de datum van afkondiging is gezet op 01. De datum van inwerkingtreding is de datum van afkondiging.
- Bronpublicatie:
01-01-2009, Internet 2009, ec.europa.eu (uitgifte: 01-01-2009, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-01-2009
- Bronpublicatie inwerkingtreding:
01-01-2009, Internet 2009, ec.europa.eu (uitgifte: 01-01-2009, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Civiel recht algemeen (V)
EU-recht / Bijzondere onderwerpen
Internationaal privaatrecht / Algemeen
(1)
This Part of Book IV applies to loan contracts other than:
- (a)
those under which a business lends to a consumer; and
- (b)
those where the loan is made for the purchase or maintenance of immovable property.
(2)
A loan contract is a contract by which one party, the lender, is obliged to provide the other party, the borrower, with credit of any amount for a definite or indefinite period (the loan period), in the form of a monetary loan or of an overdraft facility and by which the borrower is obliged to repay the money obtained under the credit, whether or not the borrower is obliged to pay interest or any other kind of remuneration the parties have agreed upon.
(3)
A monetary loan is a fixed sum of money which is lent to the borrower and which the borrower agrees to repay either by fixed instalments or by paying the whole sum at the end of the loan period.
(4)
An overdraft facility is an option for the borrower to withdraw funds on a fluctuating, limited basis from the borrower's current account in excess of the current balance in the account. Unless otherwise determined, an overdraft facility has a revolving character meaning that the borrower has the possibility to use this facility over and over again.
(5)
A contract is not a loan contract merely because it provides for the time of payment of an obligation to pay money to be deferred, unless it requires the borrower to pay interest or any other charge in addition to the price.
(6)
The parties may however agree that money due under an existing obligation to pay money will in future be due under a loan contract.