The Supreme People's Court held a press conference to issue the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases. Judicial interpretation stipulates that private lending contracts signed between enterprises due to production and operation needs should be recognized as valid.
1. According to Article 1 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases:
The term "private lending" as mentioned in these Provisions refers to the financing behavior between natural persons, legal persons and other organizations and between them.
2. According to Article 10 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases:
Except for the loan contract between natural persons, if the parties claim that the private loan contract will take effect upon the establishment of the contract, the people's court shall support it, unless otherwise agreed by the parties or otherwise provided by laws and administrative regulations. ?
3. According to Article 11 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases:
The people's court shall support the private lending contracts concluded between legal persons and other organizations and between them for the needs of production and operation, except in the circumstances stipulated in Article 52 of the Contract Law and Article 14 of these Provisions, where the parties claim that the private lending contracts are valid.
Extended data
Inter-enterprise loan contracts have the following characteristics:
1. The loan contract is a commitment contract.
The subject matter of a loan contract is money, which belongs to a consumer loan contract. According to the traditional civil law theory, the consumer loan contract belongs to the real contract, that is, the establishment of the contract not only requires the parties to reach an agreement, but also requires the delivery of the subject matter as an important element of the contract. Generally speaking, civil law scholars believe that the loan contract in China should be understood as a promise contract.
That is, as long as both parties reach an agreement on the main terms of the loan contract, the loan contract will be established. ?
2. The loan contract is a two-service paid contract. Both parties to a loan contract enjoy mutual rights and obligations. The lender has the obligation to pay the borrower according to the contract, and the borrower has the obligation to repay the principal and interest on schedule.
People's Network-Supreme Law: Enterprises borrowing funds from each other for production and operation shall be protected by the judiciary.