1. The differences between borrowers and lenders are as follows:
(1) objects are different. A borrower refers to an enterprise, institution or individual that borrows monetary funds from a lender with its own credit or property as a guarantee in credit activities. Lenders refer to individuals or financial institutions that use credit funds or their own funds to issue loans to borrowers in lending activities;
(2) Different obligations. The borrower shall not provide the lender with false balance sheets, profit and loss statements and other relevant production and operation information or conceal important facts. The lender has the obligation to provide loans. If the lender fails to provide loans on the agreed date and amount, thus causing losses to the borrower, it shall compensate for the losses.
2. Legal basis:
Article 667 of the Civil Code of People's Republic of China (PRC)
A loan contract is a contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest.
2. What are the liabilities of the borrower and the lender for breach of contract?
Borrower's liability for breach of contract
1. If the borrower fails to use the loan according to the purpose stipulated in the contract, the lender has the right to recover part or all of the loan, and collect default interest for the part used in violation of the contract at the interest rate stipulated by the bank. If the circumstances are serious, the bank may stop issuing new loans within a certain period of time.
2. If the borrower fails to repay the loan within the time limit, the lender has the right to recover the loan and collect the penalty interest according to the regulations of the bank. If the borrower repays the loan in advance, it shall increase/decrease the interest as required.
3. If the borrower uses the loan to cause losses and waste or uses the loan contract to engage in illegal activities, the lender shall recover the principal and interest of the loan, and the relevant units shall investigate the administrative and economic responsibilities of the person directly responsible. If the circumstances are serious, criminal responsibility shall be investigated by judicial organs.
Lender's liability for breach of contract
1. If the lender fails to provide the loan on time, it shall pay the borrower liquidated damages according to the default amount and the number of days of delay. The calculation of the amount of liquidated damages shall be the same as that of the borrower's penalty interest.
2 banks, credit cooperatives staff due to dereliction of duty caused by waste of loan losses or use of loan contracts for illegal activities, should be investigated for administrative and economic responsibility. If the circumstances are serious, criminal responsibility shall be investigated by judicial organs.