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依法诉讼收贷,是商业银行经向借款人催收无果的情况下,依法提起诉讼,请求人民法院作出裁判的收贷方式。这是商业银行行使合法权利,执行金融法律政策,保证资金正常营运的基本途径。在日常借贷纠纷中,商业银行常居胜诉席,但最终案件能够执行的却很少,最关键的问题在于银行法制观念淡薄,不善于依法保护自身权益。主要表现在以下几个方面: 一、借款合同不规范,手续不完备。有的银行在与借款人签订贷款合同时,合同格式和内容不统一,不规范,隐患颇多;有的合同条款过少,权利义务规定不明确,双方约定条款空缺;有
Lawsuit collection and loan according to law is a way for a commercial bank to bring a lawsuit in accordance with the law and request the people’s court to make a referee’s collection and payment in the event that it fails to be collected by the borrower. This is the basic way for commercial banks to exercise their legal rights, implement financial laws and policies and ensure the normal operation of funds. In the daily loan disputes, commercial banks often occupy the winning seats, but the final cases can be implemented with few, the most crucial issue is the weak legal concept of banks, not good at protecting their own interests according to law. Mainly in the following areas: First, the loan contract is not standardized, incomplete procedures. Some banks sign the loan contract with the borrower, the contract format and content are not uniform, non-standard, a lot of hidden dangers; some contracts are too few, the rights and obligations of the provisions is not clear, the two sides agreed terms vacancy;