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借款合同,是指银行或其他金融机构作为贷款方将货币贷给借款方,借款方按规定用途使用贷款,并按规定期限将本息付给贷款方的协议。这类合同的特点是:作为合同标的的货币是国家用于调节生产和流通所需要的信贷资金,发放贷款必须严格遵循国家信贷计划和有关信贷制度,借贷双方都必须共同保证资金的安全,作为贷款方的银行或其他金融机构是特定的合同主体,贷款利率必须执行国家规定,当事人不能任意商定。 近年来,人民法院面临借款合同案件大幅度上升的情况,依法将其纳入经济纠纷案件范围审理,体现
A loan contract refers to the agreement that a bank or other financial institution as a lender loans a currency to a borrower, a borrower uses a loan for a prescribed purpose and pays the principal and interest to the borrower according to a prescribed period. The characteristics of such contracts are as follows: the currency subject to the contract is the credit funds required by the state to regulate production and circulation. The loans must be strictly in compliance with the state credit plan and the relevant credit system. Both the borrower and the lender must jointly ensure the security of funds. The lender's bank or other financial institution is the subject of a specific contract. The interest rate of the lending must be implemented according to the state regulations, and the parties can not arbitrarily agree. In recent years, the people's court faces a substantial increase in cases of loan contracts, according to the law to be included in the scope of economic disputes trial, reflect