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1993年11月17日最高人民法院在《关于如何确定借款合同履行地问题的批复》中关于“贷款方与借款方均应按照合同约定分别承担贷出款项与偿还贷款及利息的义务,贷款方与借款方所在地都是履行合同约定义务的地点”的观点,笔者有不同看法,理由如下: 一是借款合同是诺成性合同。双方当事人一经签订借款合同即具有法律的约束力,贷款方与借款
On November 17, 1993, the Supreme People's Court stated in its Reply on How to Determine the Issue of Performance of Loan Contracts that “both the lender and the borrower shall assume the obligation of lending money and repaying the loan and interest, respectively, as agreed in the contract. The lender And where the borrower is to fulfill the contractual obligations of the place ”point of view, I have different views, the reasons are as follows: First, the loan contract is a promise of a contract. Once the parties have signed the loan contract that is legally binding, the lender and the borrower