After signing the loan contract, the loan contract will take effect when the lender provides the loan, so if the lender fails to pay the money, the loan contract will not take effect. The establishment of the legal relationship of private lending should meet the requirements of the establishment of the loan contract. The loan contract is a kind of contract, and the conditions for the establishment of the loan contract are similar to those of other contracts. The establishment of the contract requires the signature and seal of the bank and the lender, which is the expression of the true meaning of both parties. The contents of the contract did not violate the law, and both parties to the contract had full capacity for civil conduct. In accordance with the above provisions, the loan contract and its signature or seal shall take effect. If the contract is not fulfilled according to the contents of the contract after signing, such as the bank fails to pay in time, or the lender fails to repay the loan on time, and all kinds of disputes arise, it should be handled according to the contents of the loan contract first.
Legal basis:
Article 671 of the Civil Code of People's Republic of China (PRC), if the lender fails to provide the loan according to the agreed date and amount, thus causing losses to the borrower, it shall compensate for the losses. If the borrower fails to collect the loan according to the agreed date and amount, it shall pay interest according to the agreed date and amount.
Derivative problem:
Can't you ask for contract liquidated damages when borrowing money?
1. The borrower and the borrower clearly stipulate the liability for breach of contract in the loan contract, so the borrower's failure to pay back the money at maturity is a breach of contract, that is, it should bear the corresponding liability for breach of contract according to the contract.
And if there is an agreed amount or calculation method of liquidated damages in the contract, it can be calculated according to this agreement.
2. If the borrower and the borrower do not agree or sign a loan contract in the loan contract, they generally cannot claim liquidated damages. However, you can ask the other party to compensate for the actual loss, such as asking the other party to pay overdue interest.
3. In the absence of contract penalty, whether to pay the money can actually be negotiated by both borrowers and borrowers. As long as an agreement is reached through consultation, the contract can be performed as agreed.
If negotiation fails, the two parties may collect relevant evidence and bring a lawsuit to the court for compensation.