Usually, the lending relationship is established after the loan contract is legally established.

Article 44 of the "Contract Law" A contract established in accordance with the law shall take effect from the time of its establishment. If laws and administrative regulations stipulate that approval, registration and other procedures must be completed to take effect, such provisions shall apply.

Article 196 of the "Contract Law" A loan contract is a contract in which the borrower borrows money from the lender and returns the loan and pays interest when due. ?

Article 197 of the "Contract Law" A loan contract shall be in written form, unless otherwise agreed on the loan between natural persons. The content of the loan contract includes terms such as loan type, currency, purpose, amount, interest rate, term and repayment method.

The establishment of a private lending legal relationship must meet the formal and substantive requirements. The formal requirement is the external form in which the agreement is reached, such as IOUs, loan contracts, oral agreements, and other forms that can show that both parties agree on the loan; the substantive requirement is the actual delivery of the money.

Private loan cases have practical characteristics. The establishment of a loan contract requires not only the consent of the parties, but also the fact of delivering the money. Therefore, in the trial of private loan dispute cases, we must first look at the agreement between the parties. On the premise of whether the IOU is authentic and valid, we must also review the performance.

Extended information:

Judgment criteria for the establishment of a loan relationship

1. There is an intention to borrow, and the most important amount of the loan is the amount of the loan.

The judgment standard is mainly based on the loan agreement or IOU. Because there are many situations in life where no IOU is issued, so as long as there is other evidence to show that there is an intention to borrow, such as witness testimony (there is a witness testimony in this case) ), telephone recording, etc.

2. Lending behavior occurs

From a legal analysis, the meaning of borrowing is only the establishment of a loan contract, and the actual payment of the loan still needs to be made. If the payment is through a bank, there will be a bank transfer statement, statement, etc. If it is a large amount of cash, you need to explain the source of the money, such as bank withdrawal records, borrowing from a third party, etc., and a written document from the borrower confirming receipt of the money.