Is the loan contract in which the lender is a corporate legal person valid?

1. Is the loan contract in which the lender is a corporate person valid? Effective. The regulations stipulate that the legal representative or person in charge of an enterprise signs a private loan contract with the lender in the name of the enterprise, and the lender, the enterprise or its shareholders can prove that the borrowed money is used by the legal representative or person in charge of the enterprise. If the lender requests that the legal representative or responsible person of the enterprise be listed as a co-defendant or a third party, the people's court shall allow it. In the lending relationship, the legal representative of the company can borrow money as a natural person on the one hand, and can also borrow money on behalf of the enterprise on the other. How to distinguish whether the debts owed by them are personal debts or corporate debts is a difficult problem in judicial practice. Generally speaking, in the economic society, the basic principle is "whoever owes a debt will pay it back". The basic principle of examination is to examine the name of the borrower. Usually, in whose name the loan is borrowed, according to the relativity of the contract, whoever pays it back, but there are some exceptions to this basic principle. In judicial practice, the legal representative of an enterprise can borrow money in the name of a natural person or enterprise. If the legal representative of the enterprise borrows money in the name of the enterprise, the enterprise shall repay the debt in principle, but there are exceptions. In the practice of private lending, although some legal representatives of enterprises borrow money in the name of enterprises, the borrowed money is used for personal life and consumption, and the assets of enterprises are hollowed out into empty shells. In this case, the principle of privity of contract cannot be broken, and the enterprise should still be listed as a party. The above-mentioned behavior of the legal representative of an enterprise refers to the theory and provisions of the third paragraph of Article 20 of the Company Law on the denial of corporate personality, which belongs to the abuse of the independent status of an enterprise legal person, evasion of debts and serious infringement of the interests of enterprise creditors. Therefore, according to the application of the parties, the legal representative may be added as a * * * co-defendant or a third party. In addition, although the legal representative of the enterprise signed a loan contract in the name of the enterprise, the enterprise became a party to the contract, but the lender knew or should have known that the legal representative borrowed money for himself, or the two parties colluded maliciously, which damaged the legitimate rights and interests of the enterprise. The legal representative of an enterprise achieves his personal purpose by nominal duty behavior, and his own responsibility cannot be exempted, so he shall bear civil liability. The legal basis of this article is that the legal representative in Article 38 of the General Principles of Civil Law and the contract in Article 52 of the Contract Law are invalid.