Legal Analysis Of Effective Private Lending Contract Of Enterprises Judicial Explanation

With social progress and economic development faster and faster,economies of scale is also expanding, inter-enterprise lending phenomenon becomes more frequent. More and more enterprises to participate in the lending activities in the past, seek survival and development, and its borrowing amount is also growing among corporate lending seems to becoming the norm. In the current economic environment, it is most of the small and micro enterprises and private enterprises to decline, it is difficult to obtain funds from the formal financing channels, between enterprises resort to borrowing funds is even more convenient to let the business activities have been maintained.Between enterprises private lending behavior activities other than financial enterprises other organizations lend to each other. In our country,inter-enterprise lending in a very long period of time does not specify its legitimacy, the contract between the private lending companies to make more finds invalid until August 2015 the Supreme Court issued "s Court on case law applicable to private lending provisions on several issues "(its conditional approval of the effectiveness of inter-enterprise private lending contract, this article referred to as " inter-enterprise loan contract effective civil judicial interpretation ") came into effect September 1,2015, so that inter-enterprise lending legalization, which is in line withthe new market economy and financial situation."inter-enterprise loan contract effective civil judicial interpretation" positive inter-enterprise legal effectiveness of private lending contract, a clear and effective inter-enterprise elements of private lending contracts,detailed the interest rates range between enterprises private lending contracts for China’s market economic reform offers many advantages, at the same time, "inter-enterprise loan contract effective civil judicial interpretation" there are not restrictions between enterprises private lending contract time, the amount of inter-enterprise private lending contract is not clear, is not reasonable to distinguish between different objects of lending, ignoring the defect value punitive interest and other aspects, and therefore should be adopted setting a reasonable time for suit,pay attention to the right to revoke the right of defense of enterprise compliance, establish registration system, set a different standard lending rates, clearly performed in stages limitation of actions loan contracts, etc.,to protect the "inter-enterprise loan contract effective civil judicial interpretation" play a more effective role in promoting the development of market economy.