Provisions on disputes over foreign-related loan contracts

Date:2022-05-20 14:44:00  Views:294

In daily life, there are many disputes on private loan contract, or foreign loan contract disputes. These loan contract disputes are clear relevant provisions of the law.


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I. Provisions on disputes over foreign-related loan contracts

According to the provisions of the Civil Procedure Law on foreign-related civil litigation, which are mainly found in The Fourth Part of the Civil Procedure Law and chapter II of the First Part of the Civil Procedure Law on Foreign-related contractual disputes, the statutory jurisdiction rules of Chinese law on foreign-related contractual litigation are as follows:


(1) If the defendant has domicile within the territory of the People's Republic of China, he may bring a suit in the people's court of the place where the defendant has domicile or at the place where the contract is performed.

(2) If the defendant has no domicile within the territory of the People's Republic of China, and the contract is signed within the territory of the People's Republic of China or to perform, or to the subject matter of litigation within the territory of the People's Republic of China, or the defendant within the territory of the People's Republic of China is to seize the property, or the representative office in the territory of the People's Republic of China, it may be under the jurisdiction of the people's court at the place where the contract is signed, is performed, the subject matter of the action is located, the property can be seized, and the place of the tort or the place where the representative office resides.


II. Circumstances in which the loan contract is deemed invalid

(1) Embezzle credit funds from financial institutions and then lend them to the borrower at high interest, of which the borrower knows or should know in advance;

(2) Funds obtained by borrowing from other enterprises or raising funds from employees of the unit are then lent to the borrower for profit, of which the borrower has prior knowledge or should have known;

(3) The lender knew or should have known in advance that the borrower used the loan for illegal or criminal activities, but still provided the loan;

(4) against social order and good customs;

(5) Other violations of mandatory provisions on the validity of laws and administrative regulations.


III. Legitimacy requirements of non-governmental loan contracts

(1) When the notary organ conducts notarization of private loan contract, it will check the completeness, authenticity and legality of the contract terms, that is, it requires the private loan contract to clarify the rights and obligations of both parties and the penalty for breach of contract, so as to make the contract authentic and legal, complete procedures and complete evidence.

(2) When notary office handles notarization of private loan contract, the borrower is generally required to provide guarantee, and the specific form of guarantee can be agreed by the parties through negotiation.