A CREDIT AGREEMENT AS THE BASIS FOR THE ESTABLISHMENT OF CREDIT LEGAL RELATIONSHIPS

Abstract

The research examines the credit agreement as an independent civil law instrument that gives rise to credit relations within the legal system of Ukraine. The author approaches the credit agreement not merely as a formal contractual construction, but as a dynamic legal mechanism that ensures the circulation of financial resources and directly influences the stability of civil turnover. In this context, the role of the credit agreement within the system of civil law contracts is reconsidered, taking into account modern economic conditions and the development of banking services. The paper provides a comparative legal analysis of the credit agreement and the loan agreement, viewing the latter as a broader civil law category. It is argued that, despite their common economic nature, these agreements differ in their legal regulation, subject composition, and the grounds for the emergence of rights and obligations. Such distinctions allow the credit agreement to be characterized as a special contractual form that operates under stricter legal requirements and involves a professional creditor. Considerable attention is devoted to the disclosure of the legal characteristics of a credit agreement. In particular, the author substantiates its consensual nature, reciprocal obligations of the parties, paid character, and the presence of a special subject composition, where one party must necessarily be a banking or other authorized financial institution. These features distinguish the credit agreement from other civil law contracts involving the transfer of funds. In conclusion, the article substantiates that proper legal regulation of the procedure and form of concluding a credit agreement plays a decisive role in ensuring a balance of interests between creditors and borrowers. Effective contractual regulation contributes to the protection of borrowers’ rights, strengthens trust in financial institutions, and promotes the stability and predictability of civil law relations in Ukraine.