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Friendly Loan Agreement Template for Germany

A Friendly Loan Agreement (Privatdarlehensvertrag) under German law is a legally binding document that formalizes a loan between parties who typically have a personal relationship. The agreement complies with the German Civil Code (BGB) requirements, particularly §§ 488-490, while maintaining a less formal tone than commercial loan agreements. It documents the essential terms of the loan including the amount, repayment schedule, any applicable interest, and the obligations of both parties. This agreement provides legal protection while preserving the friendly nature of the arrangement and includes provisions for dispute resolution that prioritize amicable settlement.

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What is a Friendly Loan Agreement?

The Friendly Loan Agreement is designed for situations where individuals wish to formalize a loan arrangement while maintaining the personal nature of their relationship. This document type is particularly relevant in Germany, where it must comply with the German Civil Code (BGB) requirements while being accessible to parties without legal expertise. It includes essential elements such as loan amount, repayment terms, and any interest provisions, while typically featuring more flexible terms than commercial loans. The agreement is commonly used for personal loans between family members, friends, or acquaintances, and can be adapted for various purposes such as education funding, property purchases, or business startups. While maintaining its friendly character, the document provides legal certainty and clear documentation of the arrangement, helping prevent misunderstandings and protecting both parties' interests.

What sections should be included in a Friendly Loan Agreement?

1. Parties: Identification and details of the lender and borrower, including full names, addresses, and any other relevant contact information

2. Background: Brief context of the friendly loan arrangement and the relationship between the parties

3. Definitions: Key terms used in the agreement, keeping technical language minimal but ensuring clarity

4. Loan Amount and Purpose: Specification of the loan amount and intended use of the funds

5. Interest Rate: Clear statement of interest rate (if any) and calculation method

6. Repayment Terms: Details of how and when the loan will be repaid, including payment schedule

7. Method of Payment: Specified payment methods and bank account details for transfers

8. Default Provisions: Simple terms describing what constitutes default and consequences, keeping language friendly but clear

9. Representations: Basic confirmations from both parties about their capacity to enter into the agreement

10. Governing Law: Confirmation that German law governs the agreement

11. Signatures: Execution block for both parties with date and place of signing

What sections are optional to include in a Friendly Loan Agreement?

1. Early Repayment: Terms allowing early repayment of the loan, used when parties want to explicitly allow this option

2. Security: Details of any collateral or security provided, used when the loan is secured

3. Late Payment Interest: Additional interest rates for late payments, used when parties want to specify terms different from statutory rates

4. Assignment: Provisions regarding transfer of rights, used when parties want to restrict or allow assignment

5. Death or Incapacity: Provisions dealing with what happens if either party dies or becomes incapacitated

6. Amendments: Process for making changes to the agreement, used for longer-term loans

7. Dispute Resolution: Friendly dispute resolution process, used for larger loan amounts

What schedules should be included in a Friendly Loan Agreement?

1. Payment Schedule: Detailed repayment schedule showing dates and amounts

2. Bank Details: Complete banking information for both parties

3. Loan Disbursement Plan: If the loan is to be paid in installments, schedule of when amounts will be advanced

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Germany

Publisher

Ƶ

Document Type

Financing Agreement

Cost

Free to use

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