The conditions for the establishment of a loan contract are:

1. Lenders and borrowers with relative rights and obligations;

2. The lender and the borrower can reach an agreement on the conclusion of the loan contract based on their true intentions;

3. The loan contract does not violate the law;

4. Other conditions for the establishment of the loan contract.

legal ground

Article 143 of the Civil Code of People's Republic of China (PRC)

A civil juristic act that meets the following conditions is valid:

(1) The actor has corresponding capacity for civil conduct;

(2) the meaning is true;

(three) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.

Article 490

If the parties enter into a contract in the form of a contract, the contract shall be established when the parties sign, seal or press their fingerprints. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it.

What are the effective conditions of the loan contract?

The effective conditions of the loan contract are as follows:

1, the parties to a contract are qualified, that is, both parties have the capacity for civil conduct to conclude a contract;

2. Both parties have the same meaning;

3. The content of the contract is legal, and the contract cannot stipulate high interest;

4. The lender delivers the loan to the borrower.

legal ground

Article 668 of the Civil Code stipulates that 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.

What are the conditions for the establishment of a loan contract?

Loan contracts are generally signed with banks or other financial institutions, and naturally they are signed for loans. Of course, a loan contract can also be counted as a kind of loan contract. For such a contract, it must be established before it can take effect and provide protection for the legitimate rights and interests of the parties. So what are the conditions for the establishment of a loan contract? The formation of a contract means that the parties reach an agreement on the main terms of the contract through offer and acceptance, that is, the parties agree to establish a contractual relationship, indicating the end of the contract conclusion process. Article 483 of the Civil Code stipulates that a contract is established when an acceptance takes effect, while Articles 484, 490 and 49 1 of the Civil Code respectively stipulate the specific ways for an acceptance to take effect, such as the acceptance notice reaches the offeror, the other party signs and seals, and the parties sign a confirmation letter. The core of any way is the agreement of the parties' will. The establishment of a loan contract requires two conditions: first, there must be more than two parties; Second, the parties agree. However, in the actual contract, only the parties' expression of will cannot constitute a contract and needs to be delivered. It should be noted that China's civil code clearly stipulates that only custody contracts are used as practical contracts. Therefore, it should be said that the agreement of will is the legal requirement for the establishment of contract, and the deposit delivery required for the establishment of custody contract is the exception of the whole civil code. The entry into force of the contract means that the established contract is legally binding between the parties and has expected legal consequences. After the contract is established, it is not entirely up to the parties to decide whether it can take legal effect and produce the legal consequences expected by the parties. Only contracts that meet the effective conditions can be protected by law. The entry into force of a contract has completely different legal requirements from the establishment of a contract, including the general requirements applicable to the entry into force of a general contract and the special requirements applicable to the entry into force of some special contracts. The general requirements are: (1) the parties have corresponding civil capacity; (2) the meaning is true; (3) The contents of the contract are legal. According to this requirement, the contract signed by a person with no capacity for civil conduct or a person with limited capacity for civil conduct is invalid; The contract concluded due to fraud, coercion, taking advantage of others' danger, major misunderstanding or obviously unfair is invalid or uncertain; Contracts that collude maliciously, harm the interests of others, cover up illegal purposes in a legal form, harm the interests of the public, and violate the mandatory provisions of laws and administrative regulations are also invalid. In addition to the contents of ordinary elements, special elements must also have: (1) a contract with effective conditions or deadlines, the fulfillment of conditions or the arrival of deadlines. (two) the approval and registration procedures shall be handled in accordance with the provisions of laws and regulations, and have been completed. Under the above circumstances, although the contract has been established, it may not be effective or invalid from the beginning for various reasons. Therefore, the difference between the establishment and effectiveness of a contract is an indisputable fact. In the practice of loan guarantee, the guarantee contract is a typical conditional contract that is concluded first and then takes effect. Because the loan did not occur and did not meet the effective conditions, the guarantee contract did not take effect.