Mentally unstable Ukrainians are not allowed to pay the loans. A decision in the case №6-384цс16 issued by the Supreme court, which sided with the borrower, writes UBR.
«This does not mean that anyone will now be able to be called crazy and not to pay. The judgment States that the incapacity of the person must indicate the conclusion of the examination, signed by the expert. Namely: whether the debtor has a chronic, persistent mental illness. All should clearly be confirmed in the medical records. In this case, the court invalidates not only the loan agreement, and pledge agreement. So the lender even if you default on the loan will not be able to recover the mortgaged property and sell it at auction,» — said a senior partner of the company «Kravets & Partners» Rostislav Kravets.
Consideration of such disputes in the courts for sure will not be easy.
«This decision, initiated by the Bank on issues of procedure, still addresses aspects of substantive law, but also the need to evaluate the court the evidence on which it bases its decision», — said the lawyer law firm «asters» Volga Sheiko.
To all borrowers not ran now for the examinations on mental disorders, the APU is clearly stated in its decision that the doctor had to fix this illness before receiving his loan, not at the moment.
«Examination of this kind should really specify the period which should be the signing of contracts. If such period is not specified, then it can be interpreted in two ways, that is unacceptable. That is, a mental disorder, which happened late legal fact in the form of signing of the contract, can in no way affect the validity of the latter. If such dates coincide or are in close proximity to each other, the experts are likely to say, and whether the person concluding the contract, was not aware of his actions at the time of signing of the loan agreement,» said Sheyko.
Lawyers recognize that the legal claims of insanity a little while in disputes with banks. Although not rule out that after the judgement, the APU may be more.
«It is possible that over time the banks, to protect themselves from such claims, will require potential borrowers a medical certificate of their sanity,» says Kravets.
We will remind, on November 15, the deputies adopted the law of Ukraine «On consumer credit». The purpose of this Act is to protect the legitimate rights and interests of consumers and lenders, establishing a proper competitive environment in the financial services markets and enhance its credibility, ensuring favorable conditions for development of economy of Ukraine, harmonization of Ukrainian legislation with European Union legislation and international standards.
The Supreme court of Ukraine allowed psihbolnym not to pay the loans 25.11.2016