_____________ "___"________ ____
Gr. __________________________________________________________, hereinafter referred to as the Borrower", on the one hand, and gr. ________________________________________, hereinafter referred to as the "Lender", on the other hand, have entered into this agreement as follows:
1.1. The Lender transfers for temporary use to the Borrower a privately owned vehicle belonging to the Lender in accordance with the vehicle registration certificate No. ________________, a car of brand ________________, manufactured in ________, engine No. ___________, body no. ___________, _____________ colors, license plate ____________________, registered with the traffic police authorities of ________________________________ district.
2.1. The lender provides the car in good condition.
2.2. The Borrower undertakes upon expiration of the contract to return the car in a condition corresponding to the state at the time of drawing up this contract, taking into account normal wear and tear.
2.3. The Borrower undertakes to maintain the vehicle in good condition, carry out its current repairs at its own expense, as well as bear other operating expenses. Fuels and lubricants necessary for the operation of the car are purchased by the Borrower at his own expense.
2.4. The lender is granted the right to use this car at any time for personal purposes, using their own fuels and lubricants (gasoline, etc.).
2.5. When using the car in accordance with clause 2.4, the parties are obliged to transfer the car to each other in good condition. When accepting and transferring the car, the parties check its technical condition, stipulate the existing malfunctions with their subsequent elimination in accordance with Section 4 of this agreement.
3.1. The contract is concluded for a period from "___" __________ _____ to "___" ___________ ____. After this period, it can be extended by the parties by mutual agreement for an indefinite period.
4.1. The Borrower is responsible for the safety of the provided car at any time and in case of loss or damage to the car at this time, is obliged to compensate the Lender for the damage caused, or provide an equivalent car within _____ days after its loss or damage.
In case of delay in compensation for damage or provision of an equivalent car within the specified period, the Borrower shall pay a penalty in the amount of ___% of the cost of damage, or appraised value car.
5.1. The contract may be terminated or amended by agreement of the parties.
5.2. By agreement of the parties, the rented car is valued at _______________________ rubles. This assessment is taken into account when indemnifying for damages.
5.3. In all other respects that are not regulated by this agreement, the parties are guided by the current legislation. Russian Federation.
5.4. The contract is made in two copies, having equal legal force.
Lender
(Full Name)
Borrower: ____________________________________________________
(Full Name)
passport series ___________ no. ___________ issued by ______________________
______________________________________________________________________
address: _______________________________________________________________
The transfer of transport to third parties for free use today is a fairly common practice. Previously, a power of attorney was used for these purposes, today you can do without this document. It is enough for the parties to draw up an agreement for the free use of a car (a sample of 2018 is presented below).
An agreement for the gratuitous use of a car between its owner and another person is a loan agreement.
In accordance with this document, one of the parties to the agreement transfers the car to the other party for temporary use. In this case, the borrower does not have to pay anything to the owner of the transport. The contract may be concluded for a fixed or indefinite period. If a specific date for the return of the car is not specified, the condition “on demand” should be written in the document.
The contract for the gratuitous use of a car is made in two copies. It can be formed in in electronic format or by hand fill out a document form template.
It should be noted that this agreement is used less frequently than a power of attorney. But it is this document that will maximize the protection of the interests of the car owner and the borrower.
The parties most often conclude this agreement after evaluating all its advantages. The document will help the owner of the vehicle to resolve issues related to its maintenance and repair. The conclusion of the contract is beneficial for organizations and individual entrepreneurs, because they will be able to include the costs of maintaining the car as part of the costs of maintaining economic activity. As a result, the amount of tax payable to the state budget will decrease.
Participants in the transaction can get by with a simple power of attorney. But at the same time, the car is not re-registered in the traffic police, and it is the owner who will receive receipts for the payment of fines. In the event of an accident, he will be the prime suspect. The conclusion of the contract will help to avoid these problems.
An agreement for the free use of a car, a sample of which can be downloaded below, is drawn up, in particular, in such cases:
if the car is transferred to work in a private taxi service;
if the owner of the vehicle (individual) uses it for official purposes;
in case of gratuitous transfer of transport to the other party for a long period.
If the contract is drawn up correctly, it will become important evidence in the event of litigation.
The gratuitous contract is regulated by Chapter 36 of the Civil Code of the Russian Federation, including:
Art. 689 of the Civil Code of the Russian Federation. The borrower does not have to pay a fee for using the car. But the transport must be returned in the same condition in which it was handed over (taking into account normal wear and tear).
Art. 692 of the Civil Code of the Russian Federation. If the lender does not transfer the vehicle to the borrower within the agreed timeframe, the latter has the right to demand termination of the contract and compensation for damage.
Art. 695 of the Civil Code of the Russian Federation. The borrower must maintain the machine in good condition, carry out repairs, and bear all expenses for its maintenance.
Participants in the transaction can be individuals and organizations. There are no strict restrictions on this.
The contract for the gratuitous use of a car for individuals and organizations does not have prescribed form. When preparing a document, it is necessary to focus on general terms and Conditions transactions described in Chapter 9 of the Civil Code of the Russian Federation.
The contract must specify the following:
passport (for individuals) or installation data of both parties;
description of the subject of the contract;
description of the attached vehicle components;
a list of documents transferred under the contract;
rights and obligations of the parties;
the date of the agreement.
The contract consists of the following sections:
Preamble. Here are the names of the parties.
Subject of the contract. This section provides detailed characteristics of the vehicle (brand, color, license plate, engine number, registration number and series, etc.). It also indicates the cost of the machine and the purpose of its use.
Rights and obligations of the parties.
The duration of the deal. Here it is necessary to prescribe the period for which the property is transferred to the borrower.
Responsibility of participants. This section describes in detail what exactly the lender and the borrower are responsible for.
Conditions for early termination of the agreement.
List of applications. Here you can specify the act of appraisal and the act of acceptance and transfer of the car.
Addresses and details of the parties.
Signatures of the parties.
You can download the contract for the free use of a car below.
The act of transfer is the main document confirming the transfer of property from the owner to the borrower. It lists the characteristics of the car, the transferred equipment, the existing defects.
A contract has the following advantages over a power of attorney:
details the rights and obligations of the participants in the transaction;
imposes on the borrower the obligation to bear the costs of servicing and repairing the car;
establishes the liability of the person who will use the machine;
allows the borrower-legal entity to account for operating costs in costs.
How to travel without insurance.Good afternoon. Here is an article I found. I wonder if such a scheme is applicable in today's conditions, namely the application of a contract for free use in the absence of insurance.
If you took a passenger seat, entrusting the driving of the car to another driver not included in the insurance, then when checking documents, the inspector will draw up a protocol under Article 12.37, paragraph 1 of the Code of Administrative Offenses - a fine. Your task is to transfer the driver to the owners, then Article 12.37, paragraph 1 is not applicable. The algorithm below can be too complex for the inspector and should only be used as a last resort.
1. We hide the policy away in order to exclude the mention of Article 12.37, Clause 1 of the Code of Administrative Offenses and Clause 22 of the OSAGO Rules.
2. The owner of the car is the one who is recorded in the vehicle registration certificate. The owner is the one who manages the car. And this is not necessarily the owner, because the owner can write a power of attorney, and the car will have a new owner. The conclusion of an agreement, for example, gratuitous use, also entails the emergence of the right of ownership.
3. A power of attorney is a unilateral transaction, an agreement is a bilateral one.
4. In the understanding of the Civil Code, a power of attorney gives the right to perform legally significant actions (transactions) on behalf of the person represented, and nothing more. Control vehicle is an actual action, and therefore has nothing to do with the power of attorney. A power of attorney for the right to drive a vehicle is a sham deal that covers the main one. The main contract may be a contract of gratuitous use, lease, sale. Article 1079 of the Civil Code reflects precisely this position, the so-called. everyday understanding of power of attorney.
5. The new owner of the car, according to the law "On OSAGO", is given 5 days to apply for insurance (Article 4, Clause 2).
So, take a piece of paper and write a power of attorney or a free use agreement with the owner of the car on today's date, and as a new owner you can ride for 5 days without insurance. The owner of the car by power of attorney can issue a new power of attorney, but only at the notary. Without a notary, he can conclude an agreement for gratuitous use, if this is provided for by a power of attorney.
In principle, it is possible without writing documents, if the owner of the car is sitting in the passenger seat, because. the absence of a written form does not entail the invalidity of the transaction (Article 162 of the Civil Code). And, if you find yourself in such a situation, then just write in the protocol: “I do not agree, because I have an oral contract for free use from today's date. , gives the right to issue insurance within 5 days". (Example: Case No. 12-138/04 St. Petersburg 05/11/04 Moscow Federal Court)
The Supreme Court's opinion (Question 52, Q4 2005): “…a person who drives a car without a written power of attorney and has a driver's license of this category, but in the presence of its owner or other legal owner, uses the vehicle legally. In this case, the proper defendant in cases of compensation for damage caused by a source of increased danger (vehicle) is the person who was driving the car at the time of the traffic accident.
The name of the contract for gratuitous use maximally reflects the essence this document. Basically, it is a vehicle rental agreement in which one party transfers the right to drive a car to the other party free of charge. In this case, the borrower assumes full responsibility for the service technical condition this vehicle, and is also responsible, from a legal point of view, for their actions using the rented vehicle.
From the point of view of legislation, this agreement is governed by the Civil Code of the Russian Federation of January 26, 1996 federal law No. 14-FZ. According to this legislative act, it is forbidden to transfer any type of property, including a vehicle for rent, if any sanctions are imposed on it by state bodies.
Article 689 of the Civil Code defines what is a contract for gratuitous use, it indicates what may be the subject of this contract. For example, according to paragraph 1 of this article, the borrower undertakes to return the vehicle in the condition in which he received it.
Like any document, a contract for the free use of a vehicle has its own characteristics. It can be made up:
AT standard contract wallpaper data is indicated individuals:
The party that leases the car is called the lender, and the party that accepts the borrower. The main thing when filling out the contract is to correctly indicate the vehicle data from the documents for the car. The standard contract states:
Transfer time. In one of the clauses of the agreement on gratuitous use, the term for the transfer of the car is stipulated. According to the Civil Code, this item may not be indicated. In this case, the lease is considered indefinite.
Responsibility of the parties. Equally important is the completion of the paragraph on the responsibility of the parties. It prescribes the conditions under which the safety of the car at any time of the day is assumed by the borrower, who undertakes to reimburse it within the period specified in the contract.
In one of the sub-clauses of the "Other conditions" clause, the estimated cost of the vehicle in case of any damage or breakdowns is indicated. At the end of the contract, the details of both parties are indicated. By mutual agreement, it can be extended for an indefinite period. It does not need to be certified by a notary and other registration authorities. It can be drawn up in a simple written form, indicating all the necessary information.
Russian legislation provides for the option of concluding an agreement for gratuitous use between an individual and an individual entrepreneur (IP), as well as with legal entities(OOO).
Unlike the previous view, here in without fail the details of the company are indicated, and also, if there is a seal, its imprint is left on the contract form, in the "Details" section.
The official who carries out the transaction is indicated if the car belongs to a legal entity.
When transferring a car under a gratuitous use agreement, certain circumstances of its operation arise related to the policy compulsory insurance. If the OSAGO policy is issued for an unlimited number of persons, then when registering a lease, there is no need to indicate in insurance policy borrower.
In a situation where the policy is issued for specific persons, it is imperative that the owner of the car enter information about the tenant into the insurance policy, otherwise he threatens to receive.
Even if the owner of the car is sitting nearby, this does not give you the right to drive without a policy.
When transferring a car under a gratuitous use agreement, there are some tax consequences. For the lender:
The borrower also has tax consequences:
To determine the market price and the parties may involve an independent appraiser. For these purposes, you can also use publicly available sources of information, such as the media, the Internet, television.
Receiving a car for free rent does not entail the emergence of any obligations to pay value added tax, since this is not the sale of goods, works or services, or the transfer of property rights. When renting a car from an organization to an employee, he does not have an additional personal income tax, since the rental is free for him.
In its essence, a power of attorney and a contract for the free use of a car provide an outsider with the right to drive a vehicle. However, these two methods have significant differences that make it possible to give preference in favor of the BP agreement:
Free car rental agreement in 2020 is one of the safest forms of vehicle rental for both parties. Regulation by the state allows you to accurately divide the rights and obligations of the parties, for this it is enough just to draw up a contract form and write down all the features in it, you don’t even need to contact intermediary organizations. This type of agreement is largely different from a power of attorney and has its own advantages.
The car loan agreement is concluded in a simple written form, does not require notarization or state registration. By the way, it is not necessary to use the term “loan” in the name of the agreement, it is also possible to use the term “gratuitous use”.
On what grounds do vehicle owners have the right to drive a car without an OSAGO policy within 10 days from the date of purchase of a car under a sales contract? According to the decision of the Armed Forces of the Russian Federation, the State traffic inspectorate is not entitled to fine a driver for driving a car without an insurance policy within 10 days after purchase, as this is provided for by Part 2 of Article 4 of the Federal Law of April 25, 2002 No.
No. 40-FZ "On Compulsory Insurance civil liability vehicle owners" (only in new edition based on the new Federal Legislation of July 1, 2011 No. 170-FZ). This current norm of the OSAGO law directly allows the new owner to drive a car if he is not included in the OSAGO policy, but not more than ten days.
According to the Supreme Court of the Russian Federation, the driver of the car received from the owner of the vehicle the right to use the car free of charge.
To begin with, let's figure out what types of OSAGO policies are currently used. According to par.
2 tbsp. 6 of the Federal Law No. 40-FZ "On Compulsory Insurance of Civil Liability of Vehicle Owners", the presence of a policy is mandatory for each owner of the vehicle.
However, policies are different. Now, according to par.
2 tbsp. 15 of this law, the following insurance options can be used:
Thus, the owner of the car will have to overpay almost twice for insurance. As a result, unlimited insurance is usually used by organizations that employ hired drivers.
The easiest way to deal with an accident is if you have purchased an “unlimited policy”. In this case, the very permission of a particular driver to drive a car is already enough to Insurance Company made all necessary payments.
Stops IDPS. You take out the documents and accidentally hand over with the rest the OSAGO policy, in which the driver is not included (go later, prove some kind of contract) and your driver's license. I am almost sure that according to the protocol you will be the driver, with all the ensuing consequences and 1.5 - 2 years of walking.
The car loan agreement is concluded in a simple written form, does not require notarization or state registration.
By the way, it is not necessary to use the term “loan” in the name of the agreement, it is also possible to use the term “gratuitous use”. Please note that if a third party acts on the side of the car owner, a notarized power of attorney is required.
After returning the car, you can draw up an act of inspection of the vehicle for identified damage, shortcomings.
It is necessary to prepare:
Issued in two copies. To compile it, you will need the passport data of the lender and the borrower, indicate a document that allows you to dispose of the vehicle (indicate the number, series, date of the title).
Regarding the vehicle, you will need an insurance policy, an inspection card, an indication of the color, year of manufacture, brand, you will also need to list the equipment transferred for use: a fire extinguisher, a first aid kit, a radio tape recorder, etc. (indicating the name, serial numbers).
The car should not be pledged, be the subject of litigation. And, of course, it will be necessary to indicate the mileage of the car and the existing shortcomings and malfunctions.
Agreements for the gratuitous use of the vehicle are rarely drawn up. The need arises in connection with the benefits of concluding such an agreement, including taxes.
The cost of maintaining the car is borne by the person using it by agreement.
Participants in the transaction may include:
If the owner of the vehicle uses it to perform work tasks, the company can compensate him for the cost of fuel and lubricants.
To transfer the car for free use, it is required to conclude an appropriate agreement. When compiling it, you must provide a package of papers, which includes:
The agreement is drawn up in 2 copies, one for each participant in the transaction. The text specifies all the data contained in the documents, as well as equipment provided for temporary use.
The car should not be mortgaged, act as an object judicial trial. According to the text of the contract, it is required to register the mileage of the vehicle, indicate the existing breakdowns, shortcomings.
It is necessary to formalize the fact of transferring the car for free use by a loan agreement. Under such an agreement, the lender (the owner of the car) transfers a thing to the borrower for free use. The borrower who received the property free of charge undertakes to return such a thing in the same condition, taking into account normal wear and tear or in accordance with the terms of the contract (Article 689 of the Civil Code of the Russian Federation).
The car loan agreement is concluded in a simple written form, does not require notarization or state registration. By the way, it is not necessary to use the term “loan” in the name of the agreement, it is also possible to use the term “gratuitous use”. Please note that if a third party acts on the side of the car owner, a notarized power of attorney is required. At the same time, the text of such a document must necessarily reflect the right to transfer the thing for use to third parties free of charge.
Draw up a Certificate of Acceptance and Transfer of the car and its accessories, including a registration certificate, an OSAGO policy, a technical inspection diagnostic card (if any), a radio tape recorder, keys, a first-aid kit, a fire extinguisher, etc.
After returning the car, you can draw up an act of inspection of the vehicle for identified damage, shortcomings. If everything is in order, the person driving the car can ask the owner to draw up a no-claims receipt.
Check the car via the Internet so as not to be afraid of its unexpected seizure and "dismantling" if it is stopped by an inspector. Features of the contract for the free use of a car The standard form of the contract includes:
The parties, by mutual agreement, have the right to detail the obligations of the borrower or to shift part of them to the lender.
Although Supreme Court The Russian Federation has officially confirmed the ability to legally drive a car without an OSAGO policy, however, there are huge risks for someone who drives a car without a policy.
The thing is that the CTP policy protects us from spending money in the event of our guilt in an accident in which harm was caused to the injured party. As a rule, in this case, all damage from an accident is covered by the insurance company.
The main contract may be a contract of gratuitous use, lease, sale. Therefore, I suggest not to take risks, and not to bother with powers of attorney. I advise you to use the gratuitous use agreement (for a number of reasons, rather of a paranoid nature). The new owner of the car, according to the law "On OSAGO", is given 5 days to apply for insurance. Article 4
Obligation of vehicle owners to insure civil liability 2. In the event of the emergence of the right to own a vehicle (acquiring it into ownership, taking it into economic management or operational management, etc.), the owner of the vehicle is obliged to insure his civil liability before registering the vehicle, but no later than five days after the acquisition of the right to own it. The right of possession comes, in accordance with the same Civil Code of the Russian Federation: Article 223.
The main contract may be a contract of gratuitous use, lease, sale.
Therefore, I suggest not to take risks, and not to bother with powers of attorney.
I advise you to use the gratuitous use agreement (for a number of reasons, rather of a paranoid nature). The new owner of the car, according to the law "On OSAGO", is given 5 days to apply for insurance. Article 4. Obligation of vehicle owners for civil liability insurance 2.
If the right to own a vehicle arises (acquisition of it in ownership, receipt in economic management or operational management, etc.), the owner of the vehicle is obliged to insure his civil liability before registering the vehicle, but no later than five days after the right to own it arises. The right of possession comes, in accordance with the same Civil Code of the Russian Federation: Article 223.
AGREEMENT for the free use of a car
_______________ "___" _______ ____
Article 1. Subject of the contract
1.1. The Lender transfers to the Borrower for temporary gratuitous use a car of brand _________, state registration number ______________, with related equipment, hereinafter referred to as the Property. The composition of the Property is presented in Appendix 1 to this agreement.
1.2. The property belongs to the Lender on the right of __________________, which is confirmed by __________________, series ___________, number ____________, date of issue ___________.
1.3. The Lender confirms that the Property is not the subject of a dispute or pledge, is not under arrest and is not encumbered by the rights of third parties.
1.4. The property is transferred to the Borrower for use for the purposes of __________________________.
2.1. As agreed by the parties, the cost of the Property at the date of conclusion of the contract is ___________ (____________________________) rubles and is used by the parties when determining the amount of liability in case of damage or loss of the Property.
Article 3. Responsibility of the parties
3.1. The Lender transfers the Property to the Borrower no later than ______________________ under an act signed by both parties.
3.3. The risk of damage or accidental loss of the Property during operation shall be borne by the Borrower in the event of:
In the case provided for in paragraph 3.
3 of the agreement, the Borrower compensates the Lender for the costs of repairing damages or the cost of the lost property based on the assessment of the value of the Property given in clause
3.5. Responsibility for damage caused to third parties in connection with the operation of the Property shall be borne by the Borrower.
Article 4. Expenses for the maintenance and operation of the Property
4.1. The Borrower shall bear the operating expenses and expenses for maintaining the Property in working order. In order to fulfill its obligations, the Borrower is authorized to conclude agreements with third parties for the provision of services related to the maintenance of the Property.
4.2. Operating expenses are recognized: expenses for fuels and lubricants, dry cleaning of the interior, washing the car, refueling the air conditioner.
4.3. The costs of maintaining the Property in working condition are: maintenance of the AMTS, replacement of vehicle parts with a short service life, replacement of tires when worn out, elimination of equipment breakdowns that are of a natural nature.
4.4. The Borrower at his own expense receives an OSAGO policy for a car, for which the Lender transfers to him Required documents or provides personal presence at the request of the insurance company.
Article 5. Obligations of the Lender
6.1. Within the terms established by this agreement, transfer to the Borrower the Property in completeness, which makes it suitable for operation for the purposes specified in clause 1.4 of this agreement, as well as the documents necessary for the operation of the Property.
Article 6. Obligations of the Borrower
6.1. Maintain the Property in working condition, perform repairs and maintenance in a timely manner, make efforts to prevent damage or loss of the Property.
6.2. During the term of the agreement, provide the Lender with the opportunity to inspect the Property upon prior notice received no earlier than ____________ before the expected date of inspection.
6.3. At the end of the term of the agreement, on any of the grounds specified in Article 7 of this agreement, return to the Lender the Property in working condition, taking into account normal wear and tear in accordance with the period of use, together with the documents necessary for the operation of the Property.
7.1. This Agreement was concluded before _______________.
7.2. If ______________ before the expiration of the period specified in clause 7.1, neither party sends a notice of intent to terminate the agreement to the other party, the agreement is extended for ________________ on the terms that are fixed in this agreement.
7.3. The lender acquires the right to demand termination of the contract before the end of the period specified in clause 7.1, provided that:
7.4. The Borrower acquires the right to demand early termination of the Agreement in cases of violation by the Lender of his obligations listed in paragraphs 3.1, 3.2, 4.4, 5.1.
Article 8 Miscellaneous provisions
__________________________________________________________________________________________________________________________________________________________________________________________
Article 9. Details and signatures of the parties
__________________________________ ____________________________________
________________/________________/ ___________________/________________/
The standard form of the contract includes:
In the Transfer and Acceptance Act or an annex to the contract at the time of transfer for free use of the car, it is worth indicating its mileage, as well as a list of transferred accessories.
8) This article contains all other provisions not listed earlier: the procedure for making changes, the procedure for resolving disputes, other conditions that the parties consider necessary to reflect in the contract.
3.4. In the case provided for in clause 3.3 of the agreement, the Borrower shall compensate the Lender for the costs of repairing damage or the cost of the lost property based on the assessment of the value of the Property given in clause 2.1. The Borrower shall have the right, by agreement of the parties, to provide the Lender with equivalent property as compensation. 3.5.
Responsibility for damage caused to third parties in connection with the operation of the Property shall be borne by the Borrower. Article 4. Expenses for maintenance and operation of the Property 4.1. The Borrower shall bear the operating expenses and expenses for maintaining the Property in working condition. In order to fulfill its obligations, the Borrower is authorized to enter into agreements with third parties for the provision of services related to the maintenance of the Property. 4.2.
Despite the fact that cars have a specific purpose, they can be used for this purpose in different ways: for example, a car can be used for private trips, or as a taxi. AMTS also easily get physical and moral wear and tear as a result of operation. All the subtleties of the subject of the agreement, therefore, should be reflected in the contract for the free use of a car.
Driving a vehicle during the period of its use, which is not provided for by the insurance policy of compulsory insurance of civil liability of vehicle owners, as well as driving a vehicle in violation of the conditions provided for by this insurance policy for driving this vehicle only by drivers indicated in this insurance policy - entails the imposition of an administrative fine in the amount of three hundred rubles.
If there is a need for a trip, but there is no opportunity (or desire) to renew insurance, you can use the following: The owner of the car is the one who is recorded in the vehicle registration certificate.
The owner is the one who manages the car. Why register for free use of the car The fact of transferring the car for use to another person can be confirmed by a simple power of attorney, a general power of attorney or a contract for free use (loan agreement - Chapter 36 of the Civil Code of the Russian Federation).
In such cases, the car is not re-registered in the traffic police, which means that receipts for administrative fines come to the owner, and in the event of an accident (if the car disappears), he will become the main suspect. If a written agreement on the free use of a car has not been concluded, will there be any problems with the person driving such a vehicle?
Obligations of the Borrower 6.1. Maintain the Property in working condition, perform repairs and maintenance in a timely manner, make efforts to prevent damage or loss of the Property. 6.2. During the term of the agreement, provide the Lender with the opportunity to inspect the Property upon prior notice received no earlier than the expected date of inspection. 6.3.
At the end of the term of the agreement, on any of the grounds specified in Article 7 of this agreement, return to the Lender the Property in working condition, taking into account normal wear and tear in accordance with the period of use, together with the documents necessary for the operation of the Property. Article 7. Duration of the contract 7.1. This Agreement was concluded before. 7.2. If before the end of the specified in paragraph.
Finally, I would like to remind you that if you handed over the car to a person, do not forget to hand over all the documents to him. And then, here you are driving, drinking beer in the passenger seat.
Stops IDPS. You take out the documents and accidentally hand over with the rest the OSAGO policy, in which the driver is not entered (go later, prove some kind of contract) and your driver's license.
I am almost sure that according to the protocol you will be the driver, with all the ensuing consequences and 1.5 - 2 years of walking. You can download this helper and the “fish” of the agreement in pdf format in the Documents section of this site. Laziness. Then just click on the links tynts and tynts.
It should be said that a loan of this kind carries risks, not only for the owner, but also for the recipient. The borrower is solely responsible for damage to property, and the legislation establishes that even if a person, being in an emergency, saving her property, did not keep the received thing in proper form, she will be liable.
An arrangement of this kind is quite risky, not only for the owner, but also for the borrower. The lessee is solely responsible for damage to the car, and the law does not exempt him from compensation for damage caused by an emergency.
For the lessor, there is a significant risk of getting the damaged property back or losing it altogether, since cases of illegal re-registration of the car in the presence of such an agreement are not isolated.
There are situations when it is necessary to transfer control to a person for whom an OSAGO policy has not been issued. For example, it may turn out that the owner of the car has drunk and asks to bring the car to the house of a sober friend. However, from the point of view of the law, there will be no difference: if the driver is not entered, he pays a fine.
You can avoid punishment in the following ways:
Operating expenses are recognized: expenses for fuels and lubricants, dry cleaning of the interior, washing the car, refueling the air conditioner. 4.3. The costs of maintaining the Property in working condition are: maintenance of the AMTS, replacement of vehicle parts with a short service life, replacement of tires when worn out, elimination of equipment breakdowns that are of a natural nature.
4.4. The Borrower at his own expense receives an OSAGO policy for a car, for which the Lender provides him with the necessary documents or ensures his personal presence at the request of the insurance company. Article 5. Obligations of the Lender 6.1. Within the terms established by this agreement, transfer to the Borrower the Property in completeness, which makes it suitable for use for the purposes specified in paragraph 1 of this Agreement.
1.4 of this agreement, as well as the documents necessary for the operation of the Property. Article 6
