Legal analysis
Borrowers who borrow money from banks, small loan companies or other individuals in their own names and sign loan contracts as borrowers in their own names are real borrowers in the legal sense. He should pay the loan interest to the lender on time according to the contents of the loan contract and pay off the loan principal in full and on time.
If the borrower refuses to perform the repayment obligation of the loan contract on the grounds that it is not the actual user, the people's court will not support it, and any agreement between the borrower and the actual user is only valid between the two parties and has no external effect. Helping others borrow money from banks in their own name is risky and will become the direct undertaker of related debts. The borrower can only bear the relevant responsibilities himself, and then claim compensation from the actual user according to the agreement with the actual user.
In addition, if the borrower maliciously colludes with the actual users to defraud financial institutions for the purpose of obtaining certain benefits, he may be suspected of committing financial fraud according to the amount involved and the seriousness of the case, and will be punished by criminal law according to law.
It is not recommended to lend money to others in your own name.
legal ground
Article 667 of the Civil Law of People's Republic of China (PRC) is a loan contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest.
Article 668 of the Civil Code of People's Republic of China (PRC) A loan contract shall be in written form, unless otherwise agreed between natural persons. The contents of a loan contract generally include terms such as loan type, currency, purpose, amount, interest rate, term and repayment method.
Article 669 of the Civil Code of People's Republic of China (PRC) concludes a loan contract, and the borrower shall provide the true information about the business activities and financial status related to the loan according to the requirements of the lender.
Article 673 of the Civil Code of People's Republic of China (PRC): If the borrower fails to use the loan according to the agreed purpose, the lender may stop issuing the loan, recover the loan in advance or terminate the contract.
Article 674 of the Civil Code of People's Republic of China (PRC) * * * The borrower shall pay interest within the agreed time limit. If the time limit for paying interest is not stipulated or clearly stipulated, and cannot be determined according to the provisions of Article 510 of this Law, if the loan period is less than one year, it shall be paid together with the loan; If the loan term is more than one year, it shall be paid at the end of each year; if the remaining term is less than one year, it shall be paid together with the loan.
Article 675 of the Civil Code of People's Republic of China (PRC) * * * The borrower shall repay the loan within the agreed time limit. If the term of the loan is not agreed or clearly agreed, and cannot be determined according to the provisions of Article 510 of this Law, the borrower may return it at any time; The lender may urge the borrower to return it within a reasonable period of time.