Breach Of Contract Relief Provisions In The International Syndicated Loan Research

The international syndicated loan is widely used in the international finance market now as one of the most important methods of international finance, although it has experienced complicated development. Study on the related legal issues about international syndicated loan has entered the front fields of the international financial law. With the great change of participator of the financial market and the rapid progress of the information technology, the international syndicated loan has also been experiencing a great revolution, but the essential target of financial market participator—to gain profit, stays the same, no matter how the international syndicated loan market changes. Remedies measure is indispensable in order to take precaution against credit risk and avoid the loaner's loss caused by the borrower's breach; the remedies clause in the contract plays an important part in the international syndicated loan. Study on the remedies clause in the international syndicated loan is not only conducive to deepen and develop the theory of international finance law, but also can benefit the future international financial practice and provide intellectual support to the international financial activity.Based on this, the thesis is divided into five sections except preface and afterwards and uses logical, comparative and historical analysis to demonstrate the default and remedies clauses of international syndicated loan.The first part defines the concept of the international syndicated loan and analyzes the types, legal relations and historical development of the international syndicated loan in detail so as to lay the foundation for the study of international syndicated loan.The second part firstly reflects on the development of the international syndicated loan in brief; then the borrower of the international syndicated loan will take the remedies if the lender breaches; finally it analyzes default events in the international syndicated loan and puts forward the most effective remedies.The third part analyzes remedy system in common law and civil law families, comparatively analyzes the different points of the above two law families, and furthers the study on the direct and indirect two functions of the default and remedies clause.The fourth part, according to the chain effects of the default and remedies clauses, especially the domino effect of the cross-default clause, puts forward theimprovement of the default and remedies clause and weaken the strict responsibility of the clause by limiting the scope of debt, introducing material text and setting grace period etc.The fifth part reviews the general development of Chinese international syndicated loan and its business originality, and then analyzes the dilemma and its perfection in carrying out the international syndicated loan practice in China; and analyzes theoretical innovations of our scholars, such as the anticipatory breach, breach responsibility and remedies; finally it evaluates Chinese legislative flaw and inadequacy and points out the preliminary plan in the international syndicated loan.