The repayment of loan with loan does not require the borrower’s actual repayment, and banks recover loans in the book, which all contributed to the loan repayment as the repayment of old loans to get the favor of the bank and the borrower’s. Whereas, its inherent shortcomings and lack of protection of the guarantor as a third person are apt to cause disputes. The lack of legislation on China to the repayment of loan with loan, kinds of viewpoints on the repayment of loan with loan of scholars related legal issues, and the understanding mistakes of banks and borrowers to the repayment of loan with loan all result in different contractors of the same case in judicial practice. Therefore, from a legal point of view, a correct understanding to the loan repayment, to analyze issues related to loan repayment, of great importance to resolve the contract dispute involving a loan repayment.This article is divided into four parts:The first part of the paper starts of the basic theory of the repayment of loan with loan, to define the concept of the repayment of loan with loan, which is the behavior of borrower under the first settlement of a loan contract period to repay, and with a bank to sign a loan contract, which is to repay the principal and interest of the previous loan. As a civil behavior, the repayment of loan with loan involves two separate loan contract, which is neither a contract change nor the renewal of the contract.The second part discusses the problem of identification based on the repayment of loan with loan. Identified a loan contract for the repayment of loan with loan of the loan contract, should be the consistency of the before and after the main body of the two loan contracts have reached the liquidation period of the previous loan contract but not getting paid, both before and after the loan contract in the amount of time and the borrower close contact both lenders and borrowers in the subjective consistent with the formation of a loan repayment of these four aspects to consider.The third part of the study is based on loan repayment to the question of the validity of the loan contract. The loan contract of the repayment of loan with loan is not in violation of the effectiveness of mandatory legal provisions, and not against the legitimate interests of the guarantor must invalid and does not belong to circumvent the law’s behavior, and therefore a valid contract. Loan repayment guarantee contract because it belongs to that effect from the contract, subject to the impact of the main contract does not violate the relevant laws and regulations, not to loan-repayment of borrowing and provide a guarantee invalid.The fourth part analysis the legal issues and the treatment of guarantee to the loan-repayment problems from the perspective of the guarantor. To ensure that the contract is borne responsibility for the guarantor has an important influence to ensure that the contract in addition to their own original invalid, there is also the main contract, loan repayment of the loan contract is invalid and caused an invalid. Ensure that the contract is invalid, the guarantor may assume the Contracting negligence; to ensure effective contract, the guarantor is liable will have to know or should know that as a standard, essentially provide a guarantee from the judgment guarantor, the guarantor on the loan repayment is out of its true meaning to distinguish. |