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借款合同是指借款人向贷款人借款,到期返还借款并支付利息的合同。借款合同的内容包括借款种类、币种、用途、数额、利率、期限和还款方式等条款。借款合同在实践中一般分二种,一种是与金融机构之间的借贷,即贷款;另一种是向非金融机构,包括企业、团体和个人。第一种借贷是商业行为,往往按照商业化模式操作,出了问题商业化处理,可能经济上受损失,但一般不损个人情感;第二种往往是熟人之间的互相帮助,为的是帮助他人,增进互相的友谊,相互的合作,但是,如果没有约定好相关条款,没有签订好借款合同,最后很有可能帮倒忙,帮忙帮出一个仇人来。不管是第一情况,还是第二种情况,如果在借款时能够理性、认真对待,朋友归朋友,事情归事情,注意一些常见法律问题,签好借款合同,也能够避免出现一些不必要的麻烦。
Loan contract refers to the borrower to the borrower to borrow, due to return the loan and pay interest on the contract. Loan contract, including the loan type, currency, purpose, amount, interest rates, deadlines and repayment terms and other terms. Loan contracts in practice generally divided into two kinds, one is the loan with the financial institutions, that is, loans; the other is to non-financial institutions, including businesses, groups and individuals. The first kind of lending is a commercial activity, which is often operated in a commercialized mode and out of commercial problems. It may be economically damaged, but it generally does not harm personal feelings. The second kind is often mutual acquaintance with acquaintances in the interest of Help others and enhance mutual friendship and mutual cooperation. However, if no relevant agreement is signed and no loan contract is signed, it may well end up helping out and helping out an enemy. Whether it is the first case, or the second case, if borrowing can be rational, take friends, friends go to things, pay attention to some common legal issues, signed a loan contract, but also to avoid unnecessary trouble .