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通过梳理,本文就当前法院对银行贷款业务的司法审判提出五点反思。其一,不应肯定当事人间诉讼文书送达条款在民事诉讼法上的效力;其二,被申请人无法送达时,不能适用实现担保物权程序;其三,要注意区分担保范围和担保金额两个概念;其四,房票质押贷款不可取;其五,在主债权合同中没有引用最高额保证合同时,不影响主债权获得最高额保证合同的担保。
By combing, this article puts forward five reflections on the current judicial review of the bank loan business. First, the validity of the provisions of the litigation documents between the parties in the civil procedure law should not be affirmed. Second, when the respondent is unable to deliver the documents, the procedures for realizing the security right in real property can not be applied. Thirdly, attention should be paid to distinguish between the scope of guarantee and the guarantee The amount of two concepts; Fourth, the real money mortgage loan is not desirable; Fifth, in the main claims contract did not quote the maximum amount of the guarantee contract, does not affect the main claim to obtain the maximum guarantee of the guarantee contract.