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依据传统解释论,合同法第210条规定的自然人之间的借款合同,属于一种要物合同。这种观点受历史影响较深,且具有诸多不合理之处,故需要对其另作解释。解释之结论即自然人之间的借款合同是一种诺成合同。在“诺成合同说”语境下,合同法第210条引入家长主义理念,仅适用于无偿合同领域。自然人之间的借款合同,在依法成立后,贷款人尚未提供借款前,属于效力待定合同。
According to the traditional interpretation theory, the contract of loan stipulated in Article 210 of the Contract Law belongs to a kind of contract of substance. This view is deeply influenced by history and has many unreasonable points, so it needs another explanation. Interpretation of the conclusion that the natural person’s loan contract is a promise into a contract. In the context of “Connaught into a contract, ” Article 210 of the contract law introduces the concept of paternalism, only applies to the field of gratuitous contracts. Loan contracts between natural persons, after the establishment of the law, before the lender has not provided loans, belong to the validity of pending contracts.