An Analysis On Financial Loan Contract Dispute Between The Agricultural Bank Of China And Tian Ren Trade Company And Xinchengji Company

Repaying old loans with new loans is the development and innovation of Credit loan business in the banking industry.This article is selected in the case of financial loan contract dispute between the Agricultural Bank of China and Tian Ren Trade company and Xinchengji company.The case also involves "whether the Payment of letter of credit is repaying old loans with new loans " and "whether undefined the application of loan can be considered give up its right to the exemption from security responsibility of repaying old loans with new loans".Besides,Whether mortgage guarantee is analogy applies to the 39 interpretation of Interpretation of security law.The above question is a new emerging dispute in the application of Interpretation of security law.According to the provisions of the method of payment and settlement,the overdue debt to the bank has been formed,it should be identified as repaying old loans with new loans.The Payment of letter of credit is repaying old loans with new loans.After the bank's acceptance of the letter of credit,the applicant did not pay the payment on time.According to the provisions of the payment and settlement method,the overdue debt to the bank has been formed.The guarantee clause of "loan usage is not limited,signed by Xincheng company can't be presumed to be informed of repaying old loans with new loans.The guarantee clause of "loan usage is not limited in the maximum guarantee contract which is presumed that the guarantor should give up the right to exempt from its guarantee liability,It violates the real meaning of the guarantor when he makes the guaranty.And "the maximum amount of guarantee contract" is format text provided by the bank general bank,the guarantor can only fill in the guarantee amount,guarantee period,the guarantor is not allowed to amend the contract at will,increasing the liability of the guarantor and excluding the principal rights of the guarantor shall belong to the invalid form clause.In addition,the thirty-ninth article of the interpretation of the guarantee law is a mandatory clause,and it is not allowed to exclude the parties from the contract by special agreement.At present,the legal basis for the mortgage guarantee liability of Repaying old loans with new loans has not been established.It is impossible to find the basis from the current laws and regulations.Mortgage and guarantee are similar,mortgage may be analogous to guarantee relevant provisions,Its legal effect accords with the basic principles and ideas of law.Therefore,mortgage guarantee can be applied to the thirty-nine interpretation of guarantee law.