The Research On Legal Effect Of Inter-enterprise Loan Contract

Inter-enterprise loan contract refers to the loan contract between non-financial enterprises,between enterprises and economic organizations without enterprises, between economic organizations, whereby the borrower borrows a sum of money from the lender, and returns the sum borrowed and pays interest thereon at the prescribed time. Our current laws provide that such contracts are null and void, and in judicial practice,the ways to handle disputes involving inter-enterprise loan contract are not consistent. But in practice, the inter-enterprise loan is more common and is playing the important financing function. To completely deny the legal effect of the loan contract is not conducive to enterprise’s financing, development and the full use of enterprise funds, and also go against our economic system reform goal and direction. The recognition of the effect of inter-enterprise loan contracts and improvement of relevant legal regulations has great theoretical and practical significance. We could build a perfect inter-enterprise loan system as follows:firstly, regulate the legal entry; secondly, establish enterprise credit guarantee system; thirdly, registration and approval system of the inter-enterprise loan; fourthly, regulate the decision-making process of inter-enterprise loan; lastly, improve legal liability system.