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Заемщикам дадут 14 дней на возврат части страховой премии при досрочном погашении

При досрочном погашении потребительского кредита у заемщика будет десять или 14 дней, в течение которых он может потребовать вернуть часть уплаченной за страховку премии. Это следует из последней опубликованной версии законопроекта Минюста о возврате заемщику части денег за страховку при досрочном погашении кредита, пишут «Ведомости».

Сейчас при досрочном погашении кредита заемщик, заключивший договор со страховой компанией, может претендовать на возврат части премии, пропорциональной истекшему периоду (без учета комиссии банка и расходов на ведение дела страховщика) при условии, что за время действия договора страхового случая не наступило.

По коллективным договорам страхования, которые заключаются в большинстве случаев кредитования заемщиков, формально страхователем является банк, поэтому расторгнуть договор страхования практически невозможно. Заемщик в этом случае просто присоединяется к договору, выйти из него довольно проблематично. В любом случае это зависит от условий самого договора — никаких обязательств ни у банка, ни у страховой нет, а заемщик в самом благополучном случае (имели прецеденты возврата части премии по решению Верховного суда) может претендовать лишь на возврат части страховой премии, но не банковской комиссии, которая зачастую достигает 95%.

Как пишут «Ведомости», совет при президенте концептуально поддержал проект закона, но высказал ряд замечаний. Одно из них — более точно прописать виды страхования, которые затронет новелла. Кроме того, члены совета предлагают унифицировать срок для заемщиков-страхователей и участников коллективного страхования.

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