| The determination of the validity of the private loan contract is of great significance to the responsibility of the responsible subject.In particular,the qualitative problem of small loan companies is the key to determine the effectiveness of inter-firm loan contracts.how to deal with such cases is controversial in judicial and academic circles.Therefore,it is of great value to study the validity of the contract with the micro-loan company as the main body of private lending.This article takes the loan case signed between the lender’s micro-loan company and the borrower’s construction company as the entry point,This paper discusses whether the loan contract signed by the two parties is effective,the determination of responsibility and the undertaking of two controversial focuses,It is divided into three parts: the first part mainly describes the basic situation of the case,and summarizes the main focus of controversy.The second part of the case with the focus of controversy to conduct in-depth analysis,First of all,from the concept of private lending,characteristics,borrowing purposes are analyzed,the conclusion is drawn that the loan contract with small loan companies as the main body of private lending belongs to private lending,Secondly,from the borrower,the parties mean expression,the mandatory provisions of the effectiveness of the contract and other aspects of the analysis,the effectiveness of the contract in the case of the two sides signed a loan contract is legal and effective,Finally,because the borrower fails to repay the loan constitutes a breach of contract,on the basis of determining the validity of the contract,the borrower shall pay the principal,liquidated damages,attorney’s fees to the loan conclusion.The third part is combined with the case,the protection of creditors’ interests,liquidated damages and overdue interest coexist. |
