Effective Inquiry Of The Loan Contract Between Corporations

For a long time,the loan contract between corporations were banned all, however,in reality, a large number of the loan contract between corporations exist, which indicate that the existence of loan contract between corporations is reasonable. In judicial practice, different regions of the courts regard the effect of the loan contract between corporations as not the same,which leads that the loan contract between corporations were discussed heatedly. In this paper, through analyzing the system of effect of loan contract between corporations and differing the species of them,conclude that the loan contract between corporations should not forbidden all, but be regarded as not the same in different circumstances. In order to make a clear understanding the effect of the loan contract between corporations,the paper combs that four effective elements. There are four chapters in the paper.The first chapter mainly introduces the definition and characteristics of the loan contract between corporations, invalid rules and analyses of the effectiveness system of them, pointing that regarding the loan contract between corporations as invalid is too strict, no clear legal basis and in conformity with the financing status quo, and regarding the loan contract between corporations as valid is the trend of The Times.The second chapter mainly introduces kinds of the loan contract between corporations and discuss the reasons why the effect of the loan contract between corporations should be distinguished.The loan contract between corporations can be divided into civil loan contract between corporations and commercial loan contract between corporations,own funds loan contract between corporations and credit loan contract between corporations, protective loan contracts between corporations and adjust loan contracts between corporations. The reasons why the effect of the loan contracts between corporations should not the same is mainly discussed from the perspective of different times,spices of the loan contracts between corporations,the concept of private law and optimization of the social financing structure.The third chapter mainly summarizes the four effective elements of the loan contracts between corporations. Four effective elements,respectively, enterprise has the capacity for civil rights and capacity for civil conduct,the real meaning of the parties concerned, loan from its own capital, no breaking the law mandatory provisions and public interests.The fourth chapter mainly puts forward some suggestions. First of all,the effectiveness of the loan contracts between corporations should be ruled clearly. Second, distinguish the different effectiveness of the loan contract between corporations.Third, making clear a regulation about four effective elements about the loan contracts between corporations.At last, making a limitation on the scale of lending money.