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随着市场经济的发展和专业银行向国有商业银行转换,银行的经营风险意识有了增强,对发放贷款普遍采取了担保、抵押等保护性措施,通过法律程序追索债权,这是十分必要的。但在实际操作中,由于银行对有关法律不熟习,在借款合同签订的法律程序规定性、担保借款的经济实质性、低押贷款抵押物的归属性、妖法收贷的诉讼时效性、法律手段的适用性等方面,出现了不
With the development of market economy and the shift from specialized banks to state-owned commercial banks, the bank’s sense of operational risk has been enhanced. Protective measures such as guarantee and mortgages are generally adopted for loans, and it is necessary to pursue claims through legal proceedings . However, in practice, due to banks’ unfamiliarity with the relevant laws, the legal procedures signed in the loan contract, the substantive nature of the secured loan, the attribution of the mortgage loan, the timeliness of lawsuits for the collection and demonization of the law, the law The applicability of means and so on, appeared no