Legal analysis
The conclusion of a contract, also known as conclusion, is the unity of dynamic behavior and static agreement of both parties to the contract. It includes not only the whole dynamic process of contact and negotiation between the two parties before reaching an agreement, but also the agreement formed after the two parties reach an agreement and determine the main terms or terms of the contract. Generally speaking, a contract is a legal act of both parties, and it can only be established if both parties reach an agreement through consultation. That is to say, concluding a contract is a dynamic process, and no matter how an agreement is concluded, it must go through two stages: offer and acceptance. A legal person's external liabilities in the name of an individual generally have nothing to do with the company; If a legal person signs a private loan contract with the lender in the name of an individual, and the borrowed money is used for the production and operation of the enterprise, the enterprise and the individual shall bear the same repayment responsibility. The company shall not provide loans to directors, supervisors and senior managers directly or through subsidiaries. If the legal representative is not a director, supervisor or senior manager of the company, he may borrow money from the company; Secondly, if the legal representative is a shareholder of the company, it is necessary to judge whether the act of borrowing money from the company constitutes a withdrawal of capital contribution. If the legal representative withdraws capital contribution in order to evade the provisions of laws and regulations, it shall be deemed as withdrawing capital contribution and bear corresponding civil liabilities. If there is a real loan relationship between the legal representative and the company, it should be protected by law.
legal ground
Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases
Article 10 The people's court shall support the private lending contracts concluded between legal persons, unincorporated organizations and legal persons and unincorporated organizations for the needs of production and operation, except in the cases stipulated in Articles 146, 153 and 154 of the General Principles of the Civil Law and Article 13 of these Provisions, if the parties claim that the private lending contracts are valid.