The Civil Liability Of Bank Account Lenders

Through the investigation and analysis of 100 cases,it is found that there are some problems in the judicial practice of the lender's civil liability,such as the lack of legal basis for the use of joint and several liabilities,the disputes over the subject status of the lender's liability,and whether the lender's civil liability is based on illegal profits.Generally speaking,there are some problems in judicial practice,such as unclear types of civil liability of bank account lenders and different forms of liability.In order to solve these problems,it is necessary to define reasonably the behavior of lending bank accounts and clarify the source of civil liability and obligation of lending bank accounts.This article starts from the existing legal provisions to analyze the types of lenders' civil liability and determine the applicable rules of liability.Lending bank account will inevitably result in administrative liability rather than civil liability.In the case of disputes involving lending bank account,whether the lender of bank account should bear civil liability should be treated differently.This paper holds that the lender of bank account should bear civil liability for breach of contract and tort liability,but there is no responsibility for returning unjust profits due to the invalidity of the contract for lending bank account.Among them,the application of liability for breach of contract should strictly follow the principle of relativity of contract.If the lender only transfers the bank account to another person without the act of lending the bank account,has no causal relationship with the creditor's rights involved in the case,and has no fault with the creditor's losses,the lender shall not bear civil liability;when there is a husband-wife relationship,partnership relationship and hanging up between the lender and the lender of the bank account.The lender shall bear the liability for breach of contract if the lender actually uses the funds in the account relying on the special relationship between the lender and the company legal person or shareholders.The form of liability includes the joint repayment liability of the parties to the contract and the share liability equal to the actual part of the money used;when the lender and the lender conspire to implement the misappropriation of third-party funds or lend the bank account to the lender,the lender shall bear the liability for breach of contract.In fact,the lender should bear tort liability for help.Among them,the forms of liability include joint and several liability for joint infringement by borrowers and supplementary liability for lax account management.Supplementary liability is a part of supplementary liability.The scope of supplementary liability is determined according to the degree of fault and the force of action.It can be determined by examining the relationship between the lender and the borrower,the reason and purpose of the lender's bank account,the lender's profit and the lender's bank account number and time.