Everybody is fulfilling loan contract process in, after the reimbursement deadline at the expiration of one's term of office that via regular meeting occurrence contract agrees, borrower cannot on time the phenomenon of refund, to this kind of circumstance, a lot of lender can choose to people court to lodge a complaint, the kind that carries lawsuit will settle dispute of this kind of loan. So what proof does the prosecution of loan contract dispute need?
The netizen seeks advice:
How is the effectiveness of loan contract maintained, what evidence should loan contract dispute submit?
Yu Tingting of office of Beijing Hua Tai's attorney's lawyer solves:
Normally the circumstance falls, lender is lifted to the court show loan contract, receipt for a loan, receipt, bank to turn Zhang proof, the leasehold relationship with enough bilateral proof. But in some loan dispute, both sides did not sign loan contract, borrower to also did not issue receipt for a loan, receipt to lender already, even lender turns to borrower the credential of Zhang also is done not have, so fall in this kind of circumstance, how should lender prove bilateral leasehold fact, according to legal provision, evidence includes testimony of data of data of seeing and hearing, electron, witness to wait, below this kind of circumstance, lender can offer a telephone recording, short message or it is small letter the evidence such as testimony of chatting record, witness will prove leasehold fact.
Yu Tingting's lawyer is analytic:
One, how is the effectiveness of loan contract maintained
(one) the condition with loan active contract.
1, with respect to the form, basis our country " contract law " the 197th regulation, loan contract ought to use written form. This are in our country " commercial bank law " also have specific provision the 37th times, namely the commercial bank borrows money, ought to conclude with borrower written contract. Nevertheless, the loan between the natural person, if party has additionally,agree, also need not take written form.
2, with respect to content, the effectiveness of loan contract depends on the lawful sex of the right obligation with bilateral definite place. This one problem is in of loan contract conclude actual in incorporate is two kinds of circumstances: One kind is bilateral party money the lawful sex problem of leasehold relation itself. Exceed a country to stipulate the high interest of interest rate borrows money for example, part of its tower above is invalid. Another kind of circumstance is, loan contract is add the lawful sex problem of content and condition.
(2) the time that produces legal effectiveness.
Basis our country " contract law " the 201st regulation with the 210th, if both sides agrees, the time that agrees oneself has go into effect; But the loan contract between the natural person is the become effective since the time that provides loan actually from usurer. So, besides the loan contract between the natural person, other loan contracts are Nuo fulfils a contract into contract and rather than, reach the become effective when the meaning expresses to agree with respect to loan item in usurer and borrower namely, is not the become effective when usurer delivers to the money actually borrower.
2, loan contract dispute should submit what evidence
Because creditor's rights dispute over obligation is sued,come when the court, should offer the evidence that concerns with liability case to be:
(one) the receipt for a loan that can prove relationship of creditor's rights debt exists, receipt, leasehold contract, perhaps do not have the two above witness of interests to prove with the case, clew of other perhaps evidence.
(2) original of deed of security, perhaps lose the basic case of joint liability person, and their reality economic atmosphere and repay the evidence of ability.
(3) the name of pawn, amount, norms, quality and cost amount when the proof of the circumstance.
(4) be fulfilled not nonperformance of debtor exceed the time limit, completely or other violate civil contract act, and debtor reality economic atmosphere and repay the evidence of ability.
(5) the name of the pawn that the requirement recovers, amount, evidence that deposits a place.
