Contract for the free use of a car between legal entities. Contract for the transfer of a car for free use. Agreement for the free use of a car: a sample design
The form of the document “Exemplary form of an agreement for the gratuitous use of a car” refers to the heading “Agreement for gratuitous use, loans”. Save a link to the document in social networks or download it to your computer.
Agreement for the free use of a car
_________________________ "___" ______________ 20__
(indicate the place of detention
contracts)
(indicate position, full name)
legal form)
(indicate position, full name)
(document confirming authority)
on the other hand, have entered into this agreement as follows:
1. The Subject of the Agreement
1.1. The Lender undertakes to transfer to the Borrower for free
temporary use of a vehicle brand ______________________,
Year of issue, state registration plate ____________,
body (trailer) N ____________________, body color (cabin) ____________,
engine power, h.p. (kW) ___________________ (hereinafter in the text
of the agreement is referred to as "car"), and the Borrower undertakes to return
the vehicle in the condition in which he received it, taking into account
normal wear.
1.2. The car transferred under this agreement for free
use, belongs to the Lender on the basis of the right of ownership on the basis of
vehicle passport series _____________ N __________________,
issued by _______________________________________________________________
(indicate the name of the authority that issued the TCP)
"_____" _________________ year, certificate of registration of the vehicle
funds series _________ N ______________, issued by ____________________
(specify the name
_________________________ "______" ___________________ of the year.
issuing authority)
The lender guarantees that the loan transferred to the gratuitous temporary
the use of the car is free from any property rights of third parties,
is not in dispute and under arrest (prohibition).
1.3. The car transferred under this agreement will be used
Borrower for ____________________________________________________
(indicate the purpose of the car, for example, for
______________________________________.
passenger transportation)
2. The procedure for transferring a car for free use
2.1. The Lender is obliged to hand over to the Borrower the vehicle in good working order.
condition corresponding to its purpose and the terms of this agreement,
with all accessories and related documents, and
Borrower - accept it within ____ days from the date of signing
actual agreement.
2.2. The transfer of the car is carried out according to the transfer act,
which is Appendix No. 1 to this agreement, which is signed
authorized persons of the Lender and the Borrower and signing
which indicates the transfer of the car to a gratuitous
use by the Borrower.
2.3. The vehicle being transferred is in good condition.
3. Free use period
3.1. The period of gratuitous use of a car is _____ years from
the moment the Borrower accepts the car for use on the basis of
transfer deed.
3.2. The term of gratuitous use can be reduced only by
agreement of the parties.
3.3. According to paragraph 2 of Article 621 of the Civil Code of the Russian
Federation, if the Borrower continues to use the car after
expiration of the contract in the absence of objections from the side
Lender, the contract is considered renewed on the same conditions for
indefinite term.
4. Obligations of the Lender
The lender undertakes:
Transfer the car to the Borrower for gratuitous use in
the terms specified in paragraph 2.1 of this contract, fully
completed and suitable for operation according to the transfer act;
Inform the Borrower about the defects of the car, if any
At the request of the Borrower, eliminate at its own expense the discovered
shortcomings or reimburse the Borrower for the expenses incurred by him for
correct the identified deficiencies.
5. Obligations of the Borrower
The borrower undertakes:
Maintain the vehicle in good condition, bear all costs
for the operation of the vehicle;
Operate the car on your own and at your own expense
in accordance with its purpose;
Carry out all kinds current repair required for normal
car operation;
Timely carry out technical inspections of the car;
Carry out all types of repairs, including major,
vehicle maintenance in accordance with technical requirements;
Ensure the safety of the car;
At the end of this contract, return the car
in the condition in which he received it, subject to normal wear and tear and
in technically sound condition;
The borrower is not entitled without prior written
consent of the Lender to transfer the car for use to third parties.
6. Liability of the parties
6.1. For non-fulfillment or improper fulfillment of obligations under
The parties to this Agreement are liable in accordance with
current legislation Russian Federation.
6.2. The lender is liable for the defects of the car, which he intentionally
or due to gross negligence did not stipulate at the conclusion of the contract
gratuitous use and did not indicate in the transfer act. At
detection of such shortcomings, the Borrower has the right, at his choice,
require the Lender to eliminate deficiencies in the
car or reimbursement of their expenses for the elimination of defects, or
early termination of this agreement and compensation incurred by him
real damage (paragraph 1 of Article 693 of the Civil Code of the Russian
federation).
6.3. The lender is not responsible for the shortcomings of the car, which were
agreed upon at the conclusion of this Agreement, or were known in advance
Borrower, or should have been discovered by the Borrower during
the time of inspection of the car or checking its serviceability at the conclusion
contract or when transferring a car (paragraph 3 of Article 693 of the Civil
code of the Russian Federation).
6.4. Based on Article 697 of the Civil Code of the Russian Federation
The lender is liable for damage caused to a third party as a result of
use of the car, unless he proves that the harm was caused as a result of
intent or gross negligence of the Borrower or the person whose
this car turned out with the consent of the Lender.
6.5. In accordance with Article 696 of the Civil Code of the Russian
Federation The borrower bears the risk of accidental death or accidental
damage to a car received for free use, if
the vehicle has been damaged, damaged or destroyed due to the fact that it
used it not in accordance with the gratuitous use agreement
or the purpose of the car or transferred it to a third party without the consent of
Lender. The borrower also bears the risk of accidental death or
accidental damage to the car, if taking into account the actual
circumstances could prevent his death or damage by sacrificing his
7. Car return procedure
7.1. After the expiration of the free use of the car
The Borrower is obliged to hand over the car to the Lender on the day the
deadline for the transfer deed.
7.2. At the time of signing the deed of transfer, the Borrower must also
return all documents previously received from the Lender.
7.3. From the moment of signing the deed of transfer, the car is considered
returned to the Lender.
7.4. The vehicle must be returned to the Lender in the same condition as
which the Borrower received it, subject to normal wear and tear.
8. Conditions and procedure for early termination of the contract
8.1. This agreement may be terminated early:
by mutual agreement of the parties with a written notice of ____ months.
8.2. At the request of the Lender, this agreement may be prematurely
terminated in cases where the Borrower:
Uses the vehicle in a way that is not in accordance with the terms of this
agreement or the purpose of the car specified in paragraph 1.3.
actual agreement;
Does not perform the duties of maintaining the vehicle in proper
state;
Significantly worsens the condition of the car;
Transferred the car to the use of a third party without consent
Lender.
8.3. At the request of the Borrower, this Agreement may be
terminated early if:
Deficiencies were discovered, which the Lender kept silent about and which
significantly complicate the use of the car for its intended purpose;
The lender did not warn him about the rights of third parties to
car transferred for free use.
9. Other terms. Final provisions
9.1. The rights of the Borrower under this Agreement cannot be subject to
9.2. Claims arising under this agreement must be
submitted within _________ calendar days after the occurrence
grounds for presenting them.
9.3. The party receiving the claim is obliged to consider it and respond to
the merits of the claim (confirm consent to its full or partial
satisfaction or report a complete or partial denial of its
satisfaction) within _________ days.
9.4. All disputes arising in the course of execution of this Agreement,
will be resolved through negotiations.
9.5. In case of failure to reach an agreement, the disputed issues are subject to
consideration in the manner prescribed by the current legislation of the Russian Federation.
9.6. In all other respects not covered by this Agreement,
the legislation of the Russian Federation shall apply.
9.7. After the signing of this agreement, all previous negotiations and
correspondence on it lose their force.
9.8. All changes and additions to this agreement will be considered
valid if they are in writing and signed
authorized persons of both parties.
9.9. This agreement is signed in two original copies, having
equal legal force, and is kept one by each of the parties.
9.10. Appendix N 1 is an integral part of this agreement.
9.11. All correspondence between the Lender and the Borrower is carried out
by sending letters, telegrams, telexes, as well as by e-mail
mail to the addresses specified in clause 10 of this agreement.
Appendix:
1. Appendix N 1. Transfer deed for ____l.
10. Signatures, addresses and details of the parties
Lender Borrower
______________
_______________________ _________________________
Lender Borrower
Appendix No. 1
to the free use agreement
by car from "_____" ______ year N ____
deed of transfer
_________________________ "___" _____________ 20__
(indicate the place of detention
contracts)
________________________________________________________________________,
(full name of the legal entity, indicating
legal form)
hereinafter referred to as the "Lender", represented by ___________________________,
(indicate position, full name)
acting on the basis of ____________________________________________, with
(document confirming authority)
one side and ______________________________________________, referred to as
(name of legal entity with indication
legal form)
hereinafter referred to as the "Borrower", represented by _________________________________,
(indicate position, full name)
acting on the basis ______________________________________________,
(document confirming authority)
on the other hand, have drawn up this act as follows:
1. The Lender handed over and the Borrower accepted the vehicle
brand ____________________________________, _______________ year of issue,
state registration mark ___________________________________,
identification N _________________________________, engine model N
Chassis (frame) N _________________________,
body (trailer) N _________________, body color (cabin) _______________,
engine power, h.p. (kW) ____________________________, short description
technical condition of the car: ______________________________________
(please provide required information)
_________________________________________________________________________
about the technical condition of the car, for example, speedometer readings,
availability of additional equipment, etc.)
(hereinafter referred to as "car" in the text of the agreement), for ____________
(specify target
the purpose of the car, for example, for the implementation of passenger
transportation)
good condition, meets the requirements for cars
of this brand during their operation. External damage and imperfections
examination was not found. The Borrower has no claims against the Lender
according to the state and appearance transferred vehicle.
2. During the transfer and acceptance, the parties established that the car is in
good condition. On examination, the following external damage was found
and disadvantages:
________________________________________________________________________.
(list the damages and deficiencies that were identified during
handover of the vehicle).
The Borrower has no claims against the Lender for the state and external
the type of vehicle being transferred.
3. Simultaneously with the transfer, the Lender transfers to the Borrower
the following documents:
________________________________________________________________________.
(list the names and details of the transferred documents
per car)
4. This act is drawn up and signed in two copies, having equal
legal force, and is kept one by each of the parties.
5. This act is an integral part of the Contract for gratuitous
using the car from "_____" _____________________ year.
Signatures, addresses and details of the parties
Lender Borrower
_______________________________ _______________________________
_______________________________ _______________________________
_______________________ _________________________
Lender Borrower
View the document in the gallery:
The name of the gratuitous use agreement maximally reflects the essence of 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. At the same time, the borrower assumes full responsibility for maintaining the technical condition of this vehicle, and is also responsible, from a legal point of view, for his actions using the rented vehicle.
Legislative regulation
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 this part of the Civil Code defines what constitutes a contract for gratuitous use. It also indicates what may be the subject of this agreement. For example, according to paragraph 1 of this article, the borrower undertakes to return the vehicle in the condition in which he received it.
Fill Features
Like any document, a contract for the free use of a vehicle has its own characteristics. It can be made up:
- between individuals;
- individual and organization;
- between a private person and an individual entrepreneur.
Between individuals
AT standard contract wallpaper data is indicated individuals:
- series and number of the passport;
- registration address.
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:
- series and number of the vehicle registration certificate;
- brand;
- year of issue;
- engine number;
- body number.
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.
Between an individual and an individual entrepreneur, LLC
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 type, the details of the company must be indicated here, and if there is a seal, its imprint is left on the contract form, in the "Details" section.
Specified executive, which carries out the transaction if the car belongs to a legal entity.
Contract for the free use of a car and OSAGO insurance
When transferring a car under a gratuitous use agreement, certain circumstances of its operation arise, related to the compulsory insurance policy. If the OSAGO policy is issued for an unlimited number of persons, then when registering a lease, there is no need to indicate the borrower in the insurance policy.
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 a fine.
Even if the owner of the car is sitting nearby, this does not give you the right to drive without a policy.
Tax implications
When transferring a car under a gratuitous use agreement, there are some tax consequences. For the lender:
- The vehicle tax must be paid by the lender, since he is the owner of the vehicle. This amount is taken into account in income tax expenses.
- Simultaneously with the transfer of the vehicle for gratuitous lease, the owner must stop accruing depreciation if he is a legal entity.
The borrower also has tax consequences:
- It indicates, without fail, non-operating income from the gratuitous transfer of a car for use at the end of each reporting period in the amount of market value transferred vehicle.
- In the event of a breakdown of the car and the cost of repairing it, the car lessee can deduct the corresponding amount for profit taxation.
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.
Getting 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.
Which is better, a contract or a power of attorney?
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 DBP:
- Completeness. A vehicle is a complex mechanical device, which consists of inseparable units, as well as parts that require regular replacement, such as brake pads or tires. Under the gratuitous use agreement, the tenant is obliged to return the car in the condition in which he took it, in a complete set.
- All responsibility for breaking the rules traffic and the occurrence of an accident falls in this case on the tenant, and not on the owner. When drawing up a contract, it is much easier to recover damages from the borrower.
- When drawing up a contract, it is possible to legally include operating costs in the expenses of a legal entity. faces. A power of attorney does not provide such an opportunity.
- The contract can be terminated at any time and recover the amount of damage from the tenant in case of violation of the terms of the contract.
The 2019 free car rental agreement 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 you just need 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.
Hidden taxes when using a contract for the free use of a car for individual entrepreneurs and LLCs
DOC format
Agreement for the free use of a car in RTF format
CONTRACT
free car use
City ______________ Date of conclusion of the contract: ___ ______ 20___
_____________ (full name), __.__.____ year of birth,
issued _______________ code
________, hereinafter referred to as the "Lender", on the one hand, and
____________________ (full name), __.__.____ year of birth,
passport of a citizen of the Russian Federation __ __ ______ issued ______________ code
divisions ___-___, registered at: ______________
_________, hereinafter referred to as the "Lender", on the other
The parties have entered into this agreement as follows:
1. THE SUBJECT OF THE AGREEMENT
1.1. The lender transfers for gratuitous temporary use to the Borrower
Make, model of vehicle
Name (type of vehicle)
Year of manufacture of the vehicle
Model, engine number
Chassis (frame) No.
Body number (cabin, trailer)
Colour
engine's type
Environmental class
Vehicle manufacturer (Country)
Series, No. PTS
Date of issue of the PTS
(hereinafter referred to as "Vehicle"). The period of gratuitous use is indicated in clause 3.1., according to
after which the Borrower is obliged to return or purchase the vehicle from
Lender under a contract of sale. During the period of validity of this
agreement The lender does not operate the car.
1.2. By agreement of the parties, the estimated value of the car is set at
______ (_________) rubles. This
the appraised value is taken into account when compensating for damages.
1.3. The lender confirms that the specified car is not the subject of pledge
and cannot be alienated on other grounds to third parties, in dispute and under
is not under arrest.
2. CONDITIONS OF THE AGREEMENT
2.1. The Lender shall provide the vehicle to the Borrower for the purpose of driving and
operation in good condition according to the act of acceptance and transfer, which is
an integral part of this agreement.
2.2. The car is provided for free use with all its
accessories, tools and related documents
(technical passport, etc.).
2.3. The borrower undertakes, upon expiration of the contract, to return
car in a condition corresponding to that reflected in the acceptance certificate, with
taking into account normal wear and tear, or purchase a car from the Lender at
appraised value including depreciation.
2.4. The borrower undertakes to maintain the vehicle in good condition,
carry out its current repairs at its own expense, as well as carry out other operational
expenses. Fuels and lubricants necessary for the operation of the car,
acquired by the Borrower at his own expense.
2.5. The borrower is granted the right to use the specified car in personal
purposes, independently drive and dispose of the above vehicle,
monitor its technical condition, be a representative in the traffic police,
repair and re-equipment of the car, making changes to the registration
documents with their subsequent registration in the traffic police, obtaining duplicates
registration documents for the car, including the Transport Passport
means and Certificates of registration of the vehicle, obtaining new
state registration plates, passing instrumental
control and technical inspection, legal representation in the event of a traffic
traffic accident, receiving compensation for the damage caused by an accident,
insure against all types of risk on conditions and for periods at its discretion,
amend the insurance contract, terminate the insurance contract,
receiving Money when it is terminated, make changes to the insurance
policy and receive insurance compensation, sign and perform all actions,
related to the performance of this agreement.
2.6. When accepting and transferring the car, the parties check its technical condition,
identify existing faults.
2.7. The lender at the time of transfer of the car is obliged to draw up and transfer
The borrower has a power of attorney for the right to drive a car.
3. TERM OF THE CONTRACT
3.1. The contract is concluded for a period from "___" __________ 20__ to "___" ___________ 20__
3.2. After this period, the contract may be extended by the parties by mutual agreement.
consent for an indefinite period.
4. RESPONSIBILITIES OF THE PARTIES
4.1. The borrower is responsible for the safety of the car during the term
the validity of the contract and in case of loss or damage to the car at this time
is obliged to compensate the Lender for the damage caused.
4.2. If the vehicle is damaged or lost while using it in accordance with
under this Agreement, the Borrower is obliged to repair the damage at his own expense
or compensate the Lender for the loss caused.
4.3. The borrower bears the risk of accidental loss or accidental damage
car received for free use, if the car was
damaged due to the fact that the Borrower did not use it in accordance with
contract for gratuitous use or purpose of the car, or transferred
to its third party without the consent of the Lender.
4.4. Liability for damage caused by the car to third parties during the period
the validity of this agreement shall be borne by the Borrower. The lender is not responsible for
damage caused by the car during the term of this contract.
5. TERMINATION OF THE AGREEMENT
5.1. The contract can be terminated by agreement of the parties.
5.2. The lender has the right to demand early termination of the contract for gratuitous
use in cases where the Borrower uses the car not in
in accordance with the contract or the purpose of the thing, does not fulfill obligations for
maintaining the car in good condition or maintaining it, without the consent of
the lender transferred the car to a third party.
5.3. The borrower has the right to demand early termination of the contract
gratuitous use upon detection of defects that make the normal
the use of the car is impossible or burdensome, the presence of which
he did not know and could not know at the time of the conclusion of the contract, if due to circumstances,
for which he is not responsible, the vehicle will be in a condition unsuitable for
use; if the Lender fails to fulfill the obligation to transfer the car
or its accessories and related documents.
6. OTHER TERMS
6.1. In all other respects that are not regulated by this agreement, the parties
are guided by the current legislation of the Russian Federation.
6.2. The contract is made in two copies, having equal legal force.
ADDRESSES AND DETAILS OF THE PARTIES
Lender
_____________________ (FULL NAME.)
__.__.____ the year of birth,
passport of a citizen of the Russian Federation __ __ ______
issued by _____________
division code ___-___
__________________________
Borrower
______________________ (FULL NAME.)
__.__.____ the year of birth,
passport of a citizen of the Russian Federation __ __ ______
issued by _______________
division code ___-___
registered at: _________________
_______________________
SIGNATURES OF THE PARTIES
Lender
FULL NAME.
Borrower
FULL NAME.
ACT OF ACCEPTANCE OF TRANSFER
to the contract for the free use of a car
from "___" ______ 20__
City ______________
Date of drawing up the act: ___ _______ 20___
_____________________ (full name), __.__.____ year of birth,
passport of a citizen of the Russian Federation __ __ ______ issued _________________ code
divisions ___-___, registered at: _____________
_____________________, hereinafter referred to as the "Lender", on the one hand, and
________________________ (full name), __.__.____ year of birth,
passport of a citizen of the Russian Federation __ __ ______ issued ________________ code
divisions ___-___, registered at: _________________
____________, hereinafter referred to as the "Borrower", on the other
The parties have drawn up this act as follows:
In accordance with the contract for the free use of a car dated "__" _______ 20__
The lender transferred for gratuitous temporary use to the Borrower
car owned by the Lender on the right of private ownership:
Make, model of vehicle
Identification number (VIN)
Name (type of vehicle)
Vehicle category (A, B, C, D, trailer)
Year of manufacture of the vehicle
Model, engine number
Chassis (frame) No.
Body number (cabin, trailer)
Colour
Engine power, h.p. (kW)
Engine capacity, cu. cm.
engine's type
Environmental class
Vehicle manufacturer (Country)
Name of the organization that issued the TCP
Series, No. PTS
Date of issue of the PTS
Vehicle registration certificate
Date of issue of the vehicle registration certificate
State registration plate
The car is provided with all its accessories, tools and
related documents (passport of the vehicle, certificate of
registration, service book, _________).
The Lender gave the Borrower a power of attorney for the right to drive a car.
The Lender handed over to the Borrower ___ a set of car keys.
The car was inspected by the parties, comments on the technical condition and appearance
no.
The place of transfer of the car is a parking lot (parking lot) located at:
_______________________
ADDRESSES AND DETAILS OF THE PARTIES
Lender
______________ (FULL NAME.)
__.__.____ the year of birth,
passport of a citizen of the Russian Federation __ __ ______
issued by ___________________
division code ___-___
registered at: _________________
________________________
Borrower
__________________ (FULL NAME.)
__.__.____ the year of birth,
passport of a citizen of the Russian Federation __ __ ______
issued by _____________________
division code ___-___
registered at: _______
__________________
SIGNATURES OF THE PARTIES
Lender
__________
FULL NAME.
Borrower
Agreement for the free use of a car: essential conditions
Agreement for the free use of a car is essentially a loan agreement and must comply with the requirements of Ch. 36 part 2 of the Civil Code of the Russian Federation of January 26, 1996 No. 14-FZ.
An essential condition of the agreement on gratuitous urgent use of the car is the subject of the contract. In this case, we are talking about the transfer of a vehicle by the lender for temporary use to the borrower. A mandatory requirement is the gratuitousness of such a transaction.
Note! The lease agreement, which sets the rent equal to 0 rubles, will still be qualified by the court as a loan agreement with all the ensuing consequences (see the decision of the Federal Antimonopoly Service of the Urals District of September 10, 2008 in case No. A76-359 / 2008).
In addition, it is necessary to describe in as much detail as possible the unique characteristics of the object of the agreement - the car, which make it possible to definitely install it. Otherwise, the contract may be recognized as not concluded (clause 2 of article 689, clause 3 of article 607, part 2 of the Civil Code of the Russian Federation). In this case, it is also appropriate to apply clause 15 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated November 17, 2011 No. 73 that the parties to the agreement may refer to the insufficient degree of individualization of the object only before the start of use of the property.
The parties must inspect the vehicle before its actual transfer for use under the contract, fix the existing shortcomings and technical malfunctions of the object.
Otherwise, demand termination of the contract, compensation for losses, repairs or use other regulated by Art. 693, 695 part 2 of the Civil Code of the Russian Federation, the methods of protection will be impossible due to the lack of proper evidence (see the decision of the Akhtubinsky District Court Astrakhan region dated May 27, 2015 in case No. 2-776/2015).
Other terms of the contract for the free use of a car
The following are other terms of such an agreement that are not classified by the legislator as essential, the agreement of which is nevertheless in the zone of interests of the parties:
- Contract term. If it is not spelled out, the agreement is considered unlimited (clause 2 of article 689, paragraph 1 of clause 2 of article 610 part 2 of the Civil Code of the Russian Federation). If, after the expiration of the agreement, the borrower continues to operate the car and no objections are received from the lender, the agreement is considered extended for an indefinite period on similar conditions (clause 2, article 621, part 2 of the Civil Code of the Russian Federation).
- Terms of use of the provided property. If they are not agreed upon by the parties in the contract, the limits of the use of property are determined in accordance with its purpose. Failure to comply with the requirements for the use of a car may become the basis for terminating the contract (clauses 1, 3, article 615, part 1 of the Civil Code of the Russian Federation). In addition, if the vehicle is transferred to third parties without the knowledge and permission of the lender, the borrower himself bears the risk of death or damage to such a vehicle by virtue of Art. 696 part 2 of the Labor Code of the Russian Federation, even if in fact such damage was caused directly by third parties (for example, the decision of the Orenburg Regional Court dated 05/05/2015 in case No. 33-2703 / 2015).
- The procedure for transferring a car for use to the borrower and back to the lender.
- Responsibility of the parties. It is necessary to prescribe in the contract the procedure for calculating and paying penalties and fines.
- Rights and obligations of the parties. Basically, they are determined by law, but if additions or adjustments are necessary, they should be fixed in the contract.
The absence of the above conditions in contract for the free use of a car does not entail its invalidity, however, it may complicate the procedure for resolving disputes between its participants.
Termination of the contract for the free use of a car
Conditions for early termination are given in Art. 698 part 2 of the Labor Code of the Russian Federation. Their list is exhaustive, so it is not necessary to specify them in the contract.
The law gives the borrower the right to unilaterally withdraw from the contract at any time (Article 699 Part 2 of the Civil Code of the Russian Federation). In this case, a warning to the second party is sent within the time limits regulated by the contract. If this condition is not specified in the agreement, the notice period is assumed to be 1 month.
The lender is entitled to unilaterally withdraw from the contract only if it is indefinite. Thus, the termination of an agreement concluded with an indication of the term by the lender is possible only in judicial order in cases prescribed by law.
Form and sample of the contract for the free use of a car
The legislation does not contain requirements for the mandatory written form of such an agreement, including no reference norms to Art. 609 part 2 of the Civil Code of the Russian Federation. So the parties can conclude an agreement in any form that they have agreed on (clause 1 of article 434, part 1 of the Civil Code of the Russian Federation of November 30, 1994 No. 51-FZ).
Important! Given that loan agreements are typical for the sphere of relations that have a personal trust character, the prevalence of verbal agreements between the parties is quite easy to explain. However, the risk of disputes between the parties, which will subsequently have to be resolved in court, makes it rational to conclude such an agreement in writing.
Thus, the judicial authority did not recognize as proven the existence of an agreement between the former cohabitants on the free use of a car due to the lack of written confirmation of the conclusion of such an agreement and, accordingly, refused to recover funds for car repairs (see the decision of the Taseevsky District Court of the Krasnoyarsk Territory dated December 16, 2015 to case No. 2-568/2015).
As confirmation of the existence of a contractual relationship (for example, if the contract was concluded orally), a receipt for receiving property or an act of acceptance and transfer can be accepted (see the decision of the Koverninsky District Court of the Nizhny Novgorod Region dated February 25, 2016 in case No. 2-14 / 2016 ).
A sample of this agreement can be downloaded from the link:
Thus, contract for free use of a car has a number of similarities with the lease agreement, differing from the latter primarily in the gratuitous nature of the transaction. At the same time, in the legal regulation of legal relations within the framework of a loan agreement, the provisions of civil law on a lease agreement are also partially applied.
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