1. Previously, based on the "General Principles of Loans" issued by the central bank 1996, it was considered that the lending between enterprises would destroy the financial order and the lending contract between enterprises would be invalid.
However, after the promulgation of the Contract Law and the Property Law, the property right holder has the right to dispose of his property freely according to law. Monetary funds are of course his property, and he can certainly dispose of them. Therefore, it is clearly stipulated that the loan between enterprises is conditionally recognized as effective. This condition is a loan contract concluded for the needs of production and operation.
2. Article 44 of the Contract Law A contract established according to law shall take effect upon its establishment.
3. Article 39 of the Property Law, the owner has the right to possess, use, profit from and dispose of his real estate or chattel according to law.
4. Article 10 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases? Except for the loan contract between natural persons, if the parties claim that the private loan contract will take effect upon the establishment of the contract, the people's court shall support it, unless otherwise agreed by the parties or otherwise provided by laws and administrative regulations.
Article 11 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases? The people's court shall support the private lending contracts concluded between legal persons and other organizations and between them for the needs of production and operation, except in the circumstances stipulated in Article 52 of the Contract Law and Article 14 of these Provisions, where the parties claim that the private lending contracts are valid.
6. Article 12 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases? Legal persons or other organizations raise funds from employees in the form of loans within their own units for the production and operation of their own units, and there is no situation stipulated in Article 52 of the Contract Law or Article 14 of these Provisions.
If the parties claim that the private lending contract is valid, the people's court shall support it.
Extended data:
The present situation of inter-enterprise lending
If you look up the statements of listed companies, it is not uncommon to find information about inter-enterprise lending. Many listed companies disclose information through "vague statements" that are not mentioned in the use of prepaid funds, capital occupation and capital exchanges. "
According to the Supreme People's Court's judicial interpretation and relevant laws and regulations, when the court determines that the loan contract between enterprises is invalid, the judgment result is to let the borrower return the principal and pay the bank loan interest for the same period; To recover the interest that the lender has obtained or agreed to obtain, the People's Bank of China will impose a fine of more than 5 times/kloc-0 times the illegal income on the lender.
That is to say, although this judgment denies the borrowing behavior between enterprises in the legal sense, its legal consequences are not substantially different from those of borrowers borrowing from banks; For the lender, the financial penalty is not too heavy.
Baidu Encyclopedia-Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases
Baidu Encyclopedia-Notice of the Supreme People's Court on Correctly Confirming the Contract Validity Guarantee in Enterprise Loan Contract Disputes
Baidu Encyclopedia-the Supreme People's Court's answer to the question of how the people's court should judge the loan contract between enterprise lenders without obtaining the agreed interest.