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Loosen lending expanded development space for enterprises

supreme judicial interpretation referred to in the "conditional release corporate borrowing", in line with the current direction of enterprise development, convenient for businesses to expand living space

and the June

recently, the Supreme Court announced a judicial interpretation on the trial of the civil loan provisions on the application of laws in a number of issues, was first breakthroughs on the private lending issue departmental rules in the General principles of loan limits, returned to the upper law contract law, to relaxed lending conditions, the active social and economic activities, improving operating efficiency will no doubt play an important role.

the Justice explained the "borrowing" of connotation and denotation, clear the mutual borrowing between citizens, legal persons, belongs to the "lending" category. Prior to this, between citizens and legal persons recognized by the General principles of loan only borrowing is "borrowing", does not allow or recognize corporate lending relationship to each other is "borrowing", between legal entities loans considered to be outside the scope of the contract law can be adjusted, shall become void the contract.

between corporate borrowing as a natural reason to void contract, unconvincing. Theory, non-financial class of enterprise mutual Zhijian of borrowing, its uses of possibilities many, has may for solution liquidity problem, has may for procurement business production fill funds shortage problem,, also has may have through forward or long-term loan to reimbursement short-term debt or rates debt so as not to enterprise into bankruptcy, also has may is enterprise through lending received high card, and disguised for specifically financial service, to disrupt national financial order,. In other words, the corporate borrowing as a natural reason to void contract with each other, is just one of many possibilities. Based on a possible "bad", a blanket rejection of other "good" would be foolhardy.

mandatory requirements are included under the General principles of loan, and taken in a previous judicial interpretation "would rather ignore the common law, and regulations to support" position, once funding issues in the production and operation of enterprises, and called upon the Bank when there often have to accept the difficult choice of business closure or downsizing, business development systems contain. Others by way of joint venture enterprises, to circumvent the restrictive provisions of the General principles of loan, in the name of mutual investment bank lend to each other in practice, however, these arrangements will increase operating costs. Some enterprises had to call in the loan sharks, which speed up decline buried the foreshadowing.

the judicial interpretation of the Supreme Court reaffirmed the spirit of the law of contract, require the enterprises in order to produce and sign borrowing contract, provided they do not violate rules of contract law, the Court should be identified. Needs of the production and operation of enterprises in order to lend to each other, justice should be protected. Supreme judicial interpretation referred to in the "conditional release corporate borrowing", in line with the current direction of enterprise development, convenient for businesses to expand living space.

current management and development mode of enterprises, more and more from the traditional characteristics of the different. In the "Internet +" era, increasing innovation activity, interdependence has increased, this means that the increase of funds in and out of frequency, innovation without effective and timely flow of funds support, enterprise upgrading is an empty, if no team spirit, cooperation, enterprises bigger and stronger will eventually fall to the ground. Blindly lending source of enterprise production and management funding only allowed banks and brutally interfere in financial mutual support and cooperation between enterprises, is obsolete.

 

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