Invalid private lending contracts include:
1. Borrowing money to carry out illegal activities;
2. Borrowing money to carry out illegal financial business activities;
3. Illegal financial activities concealed by non-financial enterprises under the cover of legal borrowing;
4. What is clearly a joint operation is actually a loan;
5. A lending relationship that violates the true intention.
What conditions need to be met for a loan contract to be effective?
For a loan contract to be effective, the following conditions need to be met:
1. The parties entering into the contract are qualified and have full civil conduct. Ability;
2. The intentions of both parties are true and consistent;
3. The content of the contract is legal and does not violate the law or social public interests;
4 , the lender delivers the loan to the borrower.
Legal basis: Article 9 of the "Regulations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases"
If a loan contract between natural persons falls under any of the following circumstances, it may The contract is deemed to be established:
(1) If the payment is made in cash, the borrower will receive the loan;
(2) If the payment is made in the form of bank transfer, online electronic remittance, etc., When the funds arrive in the borrower's account;
(3) When the borrower obtains the right to the bill in accordance with the law if it is delivered by bill;
(4) The lender transfers the right to control the specific fund account If authorized to the borrower, it shall be when the borrower obtains actual control over the account;
(5) When the lender provides the loan in other ways agreed with the borrower and actual performance is completed.