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个人经营贷款是近年来商监银行大力发展的一项个贷业务。实践中,夫妻一方将房屋抵押给银行申请个人经营贷款,另一方称对借款不知情的案例经常出现。在另一方签字及贷款手续均为虚假情况下,对于抵押合同是否有效问题存在较大分歧。本案中,在丈夫签字及抵押手续经鉴定为虚假情况下,法院认为,银行尽到了合理审查义务,不存有过错,为善意相对方,判决认定抵押合同有效。本案处理过程及结果对于商业银行妥善处理个人经营贷款纠纷,防控相关法律风险具有积极借鉴意义。
Personal business loans in recent years, commercial banks to develop a personal loan business. In practice, one of the spouses mortgages the house to a bank to apply for a loan for personal business, and the other party often says that there is no knowledge of the loan. When the other party signs and the loan procedures are false, there is a big gap between whether the mortgage contract is valid or not. In this case, when the husband signed and the mortgage was identified as false, the court held that the bank did its duty of reasonable examination, that there was no fault and that it was the opposite party in good faith and that the judgment of the mortgage contract was valid. The case handling process and results have positive reference for commercial banks to properly deal with personal business loan disputes and prevent and control related legal risks.