Research Into The Effectiveness Of Loan Contract Between Enterprises

Capital is the blood of enterprise development, timely, adequate to raise the funds neededfor the production of the development of enterprises play a decisive role. Based on a varietyof reasons, the mutual borrowing has become more and more enterprises (especially SMEs)is an important means of access to capital. However, loans between the enterprises is definedin the current laws, regulations in our country is not too clear, issue to the provisions ofrelevant laws and regulations, there are also the conflict. Not only that, the theory ofeffectiveness of loan contract between enterprises that are also controversial. Conflict of laws,the theoretical dispute in practice on the treatment performance of enterprise loan contractbetween the null and void, the complicated situation generalization, invalid reason ofdiversification.This paper will collate, analyze the current civil legislation of our country and thejudgment of the court with the loan contract between the enterprise, as the reflection of thelegislative and judicial basis, method and measured by the interests of loans between theenterprises to further the validity of the contract are demonstrated. In addition to theintroduction, this paper is divided into the following sections:The first part, the definition of loan contract between enterprise. The definition ofcorporate lending contracts, it is divided into direct lending and borrowing, the fundsborrowing and lending, further elaborates the loan contract between multiple reasons.The second part, on the treatment of corporate lending contracts in the judicial practice inchina. To be carried out and sum up the court to rule enterprise loan contract between therelated laws, administrative regulations, department and judicial interpretation, and sums upthe existing conflict between legal regulations, court of justice in the chaos.The third part, the reflection on the loans between the enterprises contract is null andvoid. First of all, the court analyzed corporate lending contracts invalid thinking, logicjudgment that existing loans between the enterprises of the invalid contract mainly for the "enterprise contract credit borrowing due to violation of financial laws and regulations andinvalid " and " corporate lending contracts invalid " due to damage the public interests of thesociety; secondly, according to the court " enterprises contract credit and violating financiallaws and ineffective " that mentality to launch the analysis, according to China’s existing laws and administrative regulations, that corporate lending contracts invalid improper practices;again, that thought for court " between enterprises borrow contract harm public interests andinvalid", using the method of bad sex, the loan contract between the enterprise and the socialpublic interests of the association and the invalid contract effectiveness, balance, makeanalysis, think not only to the enterprise loan contract between harm the public interestgrounds, arbitrary identified invalid.The fourth part, on the treatment of loans between the enterprises contract proposal.Combined with the reality of our country and the academic point of view, put forward to theloan contract between corporations should make effective identification according to law, andestablish a sound regulatory system, draw on the advantages and avoid disadvantages.