企业的厂长(经理)是企业取得银行贷款的唯一法人代表,对于违约贷款不断发生的问题,我们认为,签订企业法人“贷款违约责任合同”不失为一副良药妙方。 一、签定企业法人贷款违约责任合同的必然性 1.签订企业法人“贷款违约责任合同”的法律依据。根据《中华人民共和国商业银行法》第37条规定,“商业银行贷款人与借款人订立书面合同。合同应约定贷款种类、借款用途、金额、利率、还款期限、还款方式、违约责任和双方认为需要约定的其他事项”。这就要求银行每一笔贷款发放前必需和借款人签定“贷款违约合同”,明确贷款到期不还,借款人应负的经 The director (manager) of an enterprise is the only legal representative that obtains the bank loan from an enterprise. As for the continuous occurrence of default loans, we think it is a recipe for good medicine to sign a corporate loan contract of responsibility for breach of contract. First, the signing of corporate corporate liability contract for breach of contract inevitability 1. Enterprise legal person signed a “loan default contract,” the legal basis. According to Article 37 of the Law of the People’s Republic of China on Commercial Banks, “a commercial bank lender and a borrower enter into a written contract that stipulates the type of loan, the purpose of the loan, the amount, the interest rate, the term of repayment, the repayment method, the liability for breach of contract, Other things that both parties think require agreement. ” This requires banks to issue each loan must be signed with the borrower, “loan default contract”, a clear loan maturity, the borrower should bear the