Legal subjectivity:

(1) If the legal representative and other staff engage in loan activities in the name of a legal person and cause losses to others, the corporate legal person shall bear civil liability. Whether a loan borrowed by the legal representative of a private enterprise in his personal name is a corporate loan or a personal loan shall be determined based on the content of the IOU, the purpose of the loan, and who actually pays the loan. If the loan is used for the unit, it will be repaid by the unit; if the loan is used for the individual, it will be repaid by the individual. , (2) The loan contract does not stipulate the purpose of the loan, and the actual purpose of the loan is inconsistent with the purpose proposed by the borrower when applying, which does not affect the validity of the loan contract. , (3) Determination of factual contract in the legal relationship of loan. Whether a written contract is signed or not is not the absolute criterion for judging whether a contractual legal relationship has been formed between the parties. If it can be inferred from the civil actions that the parties have already made that the parties have the intention to form a contractual relationship, the contract should also be deemed to be established. , (4) Major matters such as the restructuring of the borrower's enterprise in the loan contract must be notified in advance and the lender's consent must be obtained. Otherwise, the agreement that the lender has the right to declare the loan to expire early does not belong to the lender's exemption and limitation of liability clauses. , (5) In entrusted loan disputes, the entrusted bank can sue in disputes over loan contracts. If a dispute arises because a borrower in an entrusted loan fails to repay the loan on time, the lender (trustee) can file a lawsuit in court on the grounds of a dispute over the loan contract. , (6) Claims that existed before the establishment of the maximum mortgage right can be transferred to the scope of the maximum mortgage guarantee. The parties have separately reached an agreement to transfer the claims that existed before the establishment of the maximum mortgage right into the scope of claims guaranteed by the maximum amount mortgage. As long as the amount of the transferred claims is still within the limit of the maximum amount of claims guaranteed by the maximum amount mortgage, even if the amount of claims has not been When the maximum amount of mortgage is subject to change registration procedures, the effectiveness of the maximum amount of mortgage will still extend to the transferred creditor's rights, but it shall not have any adverse impact on a third party. , (1) The parties to the contract cannot claim that the contract is fraudulent on the grounds that the name of the contract does not match the content. The loan object, amount, term, including interest rate and guarantee liability stipulations in the contract must be clearly stipulated. Regardless of whether the contract is called a trust loan or an entrusted loan, it does not change the guarantor's guarantee liability, and there is no issue of fraud against the guarantor. , (2) If the contract is in a legal form to cover up the illegal purpose, the contract will be invalid according to law. In this case, the provisions of the Contract Law on apparent agency should not apply. Apparent agency means that the actor has no agency power, exceeds the agency power, or continues to conclude contracts in the name of the agent after the termination of the agency power, and the bona fide counterparty has objectively sufficient reasons to believe that the actor has the agency power, then the agency act is valid and the defendant The agent shall bear the civil liability between himself and the counterparty as stipulated in the contract. However, when the other party is at fault, regardless of whether the fault is intentional or negligent, there is no room for apparent agency. , (3) If the company provides guarantees for the company's shareholders or actual controllers, it must be resolved by the shareholders' meeting or general meeting of shareholders. This clause is about the company's internal control management and should not be used as the basis for evaluating the effectiveness of the contract. , (1) The lending bank and the borrower concealed the truth and "borrowed new to repay old" to defraud the guarantor into providing guarantee against their true expression of intention, and the guarantor did not bear guarantee liability. , (2) Before the debtor is declared bankrupt, the creditor has claimed rights against the guarantor within the statute of limitations for guaranteeing the debt, and after the end of the bankruptcy proceedings, the creditor continues to claim rights against the guarantor for the part of its claims that have not been paid off during the bankruptcy proceedings. , the guarantor shall bear legal liability. , (3) "Borrowing new and repaying old" does not increase the guarantor's guarantee liability, and the guarantor should know the actual purpose of the loan, it should bear the corresponding guarantee liability. , correctly apply the ruling rules of the People's Court, abide by the laws and regulations of borrowers, lenders and other relevant parties when conducting financial lending business, be able to reasonably avoid corresponding risks, and protect their own legitimate rights and interests from loss. Legal objectivity:

Article 667 of the "People's Republic of China and Civil Code"

A loan contract is a loan contract between the borrower and the lender , a contract to return the borrowed money and pay interest when due.

"People's Republic of China and Civil Code"

Article 668

A loan contract shall be in writing, but a loan between natural persons Unless otherwise agreed.

The content of a loan contract generally includes terms such as loan type, currency, purpose, amount, interest rate, term and repayment method.