论文部分内容阅读
借款合同等授信合同多为银行制定的格式合同,银行往往利用优势地位约定“宣布贷款提前到期”的条款。本文认为,“宣布贷款提前到期”不是解除借款合同,而实际上是贷款人根据借款合同约定,单方面宣布改变借款合同原约定的还款期限,发生相当于贷款实际到期的法律效果,使借款人履行还款义务的时间或时段提前,从而使贷款人有权提前行使还款请求权。
Loan contracts and other credit contracts and more for the development of the format of the contract banks, banks tend to use the dominant position agreement “to announce the loan maturity ” terms. This paper argues that “not long ago to declare the loan expires ” is not to terminate the loan contract, but in fact the lender under the loan contract, unilaterally announced the change of loan contract agreed repayment deadline, the equivalent of the actual loan due law Effect, so that the borrower to fulfill the repayment obligations time or period advance, so that lenders have the right to advance the exercise of the right to repayment.