The loan contract does not have to be collected in person, but it can also be entrusted to others according to law, unless otherwise agreed by the parties.
Loan contract is a form of economic contract. That is, the lender will deliver the money to the borrower for use, and the borrower will return a certain amount of money and interest to the lender on schedule in accordance with relevant regulations, and determine the rights and obligations between them. The borrower shall use the loan for the agreed purpose and shall not use it for illegal purposes. The purpose of the loan agreed in the loan contract shall not violate the provisions of the state on restricting operation, franchising and prohibiting operation by laws and administrative regulations.
Entrusted agent refers to the person who exercises the agency right according to the entrustment of the principal. An agent. The entrusted agent may be a citizen or a legal person; When the entrusted agent is a citizen, he must have the corresponding capacity for civil rights. Entrustment contract refers to the agreement that the agent handles the entrusted affairs for the client in the name and cost of the client, and the client pays the remuneration according to the contract.
The principal-agent has the following characteristics: 1. The power of agency is based on the authorization of the parties, legal agents and legal representatives, rather than legal provisions. Unless otherwise provided by law, the matters and authority of agency are generally decided by the principal himself, and the entrusted agent can only carry out activities within the scope authorized by the principal. 3. When a party, legal agent or legal agent entrusts others to represent the lawsuit, they must submit a power of attorney to the defendant.
An entrusted agent shall exercise the power of agency as entrusted by the principal. And the entrusted agent has the right to resign at any time, but it should inform the principal, the entrusted party and the relevant parties in time, otherwise the losses caused by it will be borne by the entrusted agent. The entrusted agent shall exercise the agency right correctly and reasonably, and shall not abuse the agency right to harm the interests of the principal. If the entrusted agent acts within the scope of authorization, the legal consequences directly belong to the principal. If an entrusted agent exceeds his authority and causes damage to a third party, he shall bear the responsibility.
It can be seen that the loan contract can be entrusted to the agent.
legal ground
Article 9 19 of the Civil Code of People's Republic of China (PRC) defines an entrustment contract as a contract in which the trustor and the trustee agree that the trustee shall handle the affairs of the trustor.
Article 920th of the Civil Code of People's Republic of China (PRC) * * * authorizes the trustor to entrust the trustee to handle one or more specific affairs or all general affairs.
Article 922 of the Civil Code of People's Republic of China (PRC), the agent shall handle the entrusted affairs according to the instructions of the client. If it is necessary to change the client's instructions, it shall be approved by the client; If it is difficult to get in touch with the client due to an emergency, the agent shall properly handle the entrusted affairs, but shall report the situation to the client in time afterwards.
Second, the loan to buy a house, the loan contract will be given to the lender?
Here, I have one.
3. Is the loan contract the same as the loan contract?
1, different contract definitions
The loan agreement stipulates that one party shall return a certain kind and quantity of goods to the other party within a certain period of time.
Loan contract refers to providing loans to borrowers in the application of financial machines. The borrower repays the loan at maturity.
2. Borrowing objects are different.
Borrowers are generally individuals or companies. The borrower borrows money from the lender and repays the interest at maturity.
The object of a loan contract is usually a banking institution. The lender shall abide by the provisions of the contract that the state restricts loans and the franchise prohibits loans.
The establishment of the loan contract requires the unified seal of both parties. After the contract is established, performance, establishment and performance begin.
A loan contract requires the borrower's repayment ability and social credit standing. The loan contract must be reviewed by the bank and signed only after there is no objection.