Many people have faced such a situation in their lives - a friend borrowed money, but is in no hurry to give it back. How to protect yourself from such an unpleasant situation, says a well-known Ukrainian Igor Shavrov, a lawyer who manages the Shavrov and Partners law firm.
"It is the receipt in the event of an unfavorable outcome of the situation that can play an important role in court and confirm the fact of the agreement. A receipt is a document confirming the existence of contractual legal relationships between the parties. For example, it can be a creditor and a debtor, an employer and an executor. Each of them has its own rights and responsibilities," Igor Shavrov noted.
What should be in the receipt?
- The direct name of the document is "receipt";
- Full name of both debtor and creditor, their passport and contact details;
- Amount of debt;
- The term of payment of the corresponding amount. It is important to specify the phrase that the debtor is obliged to return the money exactly in the specified period;
- The date of drawing up the receipt;
- Signature of the debtor.
The procedure is simple, and, contrary to stereotypes, according to Articles 1046 and 1047 of the Civil Code of Ukraine, the receipt is confirmation of the conclusion of the loan agreement.
Free advice from a lawyer
Drawing up a receipt will be appropriate with family, friends, and relatives - only this document is your guarantee of compliance with all initial agreements.
"There is nothing shameful about asking to write a receipt. You are primarily protecting yourself, and in this case, you are shying away from the debtor. Second, it is normal to take a receipt from relatives. In fact, there is nothing more unstable than family relationships. And most importantly, nothing strengthens the relationship between the creditor and the debtor as much as a written contract," Igor Shavrov emphasized.
