A Loan Contract Disputes' Several Legal Issues In Research

The loan contract is the common kind of contract in the daily. Because the present society human communication's complexity, the credit lending only be used in quite close friend or in the amount quite small situation; General large borrowing or lending from remote relationship, are using guarantee. According to the related judicial interpretation, the enterprise fund loan contract is invalid, if takes the main contract is invalid, then the contract as a guarantee from the main contract are bound to be ineffective. After the main contract invalid, the creditor, the debtor,and the guarantor undertake the responsibility nature and the scope, are must be strictly distinguished. This article is begin with controversy from a specific export agency case, through analyzing the focus of controversy in the case, then come to acquire a general conclusions in order to deal with the similar cases, and makes the further thinking about the enterprise fund loan.This article consists of three parts.The first part is a brief review of the case, and then describle the original cause of the case and the facts of the case. I will make a simple analyze about the case,and then put forward the controversial focus.The second part of this article is the controversial focus, mainly includes the following several aspects:first, several guarantors of the guarantee obligation assumed by the nature and the scope of their responsibility to bear in this case. Second, both sides should be in accordance with the "export agreements"to determine rights and obligations as legal basis.The third part is some ponders which initiates by this case.Here are the main contents:first, analyze the reasons for enterprise fund loan and its reasonable. Second, seek for enterprise fund loan policies and legal aspects of basis, and the continued development enterprise fund loan.Third, how to implement the procedural law effectively.