According to Decision № 361 from 11/11/2015, case № 1864/2015, the Supreme Court of Cassation held that the claimant shall provide clear evidence that a sum of money given to another person is namely a loan and is not handed over on another basis.

The conclusion that the amount of money is transfered under a loan relationship should be based on careful consideration of the concrete evidence in each case, i.e. cross-matching statements of the parties to conclude a loan agreement and the conditions for return of the ammount borrowed.

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