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民间借贷中预期借款为目前普遍现象,我国对民间借贷依然有一些不同于金融机构贷款的限制,在借款主体上法律尚不明确,从而导致预期借款行为主体也不明确,需要进行界定。同时,对民间借贷行为,目前合同法规定为要物行为,但实践中所需要的是将该行为定性为诺成行为。预期借款行为不论界定为预约还是本约,都应具备法律效力,若当事人一方违约,则需承担相应的法律责任。
The expected borrowing in private lending is a common phenomenon nowadays. In our country, there are still some restrictions on private lending that are different from those of financial institutions. The law on the subject of borrowing is not yet clear, leading to the uncertainty of the expected borrowing behavior and the need to define it. At the same time, for the private lending behavior, the current contract law provides for the conduct of material things, but what is needed in practice is to qualify the act as promising behavior. Expected borrowings, whether defined as an appointment or a contract, should have the force of law, if one of the parties breach of contract, you have to bear the corresponding legal responsibility.