Judicial Proposal for Loan Contract Dispute Cases
County Credit Union:
Recently, we conducted an investigation and analysis of the loan contract cases filed by credit unions this year, especially those cases lost by credit unions. The purpose is to find out the problems that your society should pay attention to in signing, fulfilling contracts and litigation cases from the perspective of trial cases. And make a suggestion to your agency. If these suggestions can be adopted and can receive a little effect, we will be very pleased.
I. Problems in the subject of the borrower and the guarantor The flaw in the subject of the contract is the most common cause of the invalidity of the contract and even the loss of the credit union. Judging from the cases examined this year, the main defects of the contract are mainly manifested in two aspects:
1. A legal person or organization of a non-natural person does not provide a business license when signing the contract as a borrower or guarantor. A "legal person" without a business license or an organization is not qualified to engage in civil activities, and the contract signed by it is not legally binding. Once such a contract appears in practice, it is often difficult to determine the subject of responsibility and it is difficult to prove.
Recommendation: Strictly review the qualifications of the borrower and the guarantor. In addition to the identity certificate provided by the natural person when signing the contract, the legal person and the organization must provide a business license valid for the annual inspection.
2. The contract stated that the address does not match the actual address. This problem is mainly manifested in the natural person as a borrower or guarantor. If the address written in the loan contract or guarantee contract is a village in Yangzhuang Town, it is found in the lawsuit that the person is actually a village in Shiqiao Town, or Lushan. The identification of the identity of the parties is the premise of the lawsuit. In the above example, it should be legally considered that the two are not the same person. Strictly speaking, the defendant is not clear. According to Article 108 of the Civil Procedure Law, the result is a ruling to dismiss the plaintiff’s lawsuit.
Recommendation: Improve the legal awareness and professional ethics of the loan officer, and identify the identity of the other party when signing the contract.
3. The parties to the contract have not signed the contract in person or have a power of attorney. In the lawsuit, the borrower or the guarantor does not recognize the phenomenon of borrowing or guarantee. For example, a society v. Xu, Zhao, may be the guarantor Zhao’s own loan procedure with Xu’s ID card. Xu is not recognized in the lawsuit. Signing the contract by himself, because Zhao’s whereabouts are unknown, the credit union lost the case because he could not prove who the agent was.
Suggestion: Strengthen the responsibility education for the loan officer. When signing the contract, the borrower or the guarantor must sign the contract personally and cannot sign the contract in person. There should be a valid power of attorney to avoid staying. A similar sequela.
Second, the problems in the period of time, the period of time, the ultra-litigation case still exists, because of the statute of limitations of the lawsuit, the guarantor out of the insurance, the request for "accommodation" in the case of filing, trial is not uncommon. This is an old problem, and its causes, harms and consequences need not be discussed.
Suggestions: First, we must further improve the control mechanism and strengthen internal supervision. Second, loan officers and grassroots organizations should not evade problems and find problems in a timely manner and strive for initiative. The third is to abandon the work style.
III. Problems Existing in the Implementation of the Contract In individual cases, the procedures for the credit union to perform the contract are not perfect and have not been performed in strict accordance with the contract. It is common for the borrower to be A and to deliver the money to B in error;
The loan was not delivered directly to the borrower, and the borrower entrusted the disbursement of the loan but no formalities were entrusted. For example, if the borrower is 翟xx, the borrower is 翟xx, the guarantor is cattle xx, and there is no problem in signing the contract. Only when the agency finally performs the contract, it is considered that 翟xx and xx are husband and wife, so no money is delivered. Xx, but the money was delivered to the cattle xx, the parties in the lawsuit provided evidence to prove that the two parties were divorced, causing unnecessary disputes.
Recommendation: Truly establish a strict sense of law and abandon the habit of doing things according to "rationality." In daily work, we must strictly lend money according to law and strictly abide by the contract.
Fourth, the problems in the litigation process
1. Individual agents sometimes do not appear in court.
2. The use of formatted complaints is too mechanical. The use of formatted complaints has brought some convenience to the staff and reduced the labor intensity. However, the individual clubs are too mechanical and too rigid in use, and they have not considered the contents that the format complaints cannot cover. This is neither serious nor disadvantageous. To protect the legal rights of the plaintiff.
Recommendation: A single loan with no special circumstances can be used to format a complaint when prosecuting; when two or more loans are combined for prosecution or other special circumstances, it is not appropriate to use a formatted complaint.
3. Change the litigation request at will. Article 34, paragraph 3 of the "Several Provisions on Evidence in Civil Proceedings" stipulates: "If a party increases, changes a request or initiates a counterclaim, it shall file it before the expiration of the period of proof." Before the application of the provision, the law is against the parties in the proceedings. There is no restriction on the change of litigation request. If the party increases, requests for a change or initiates a counterclaim after the implementation of the provision, it shall be filed before the expiration of the period of proof. There is also the phenomenon of arbitrarily changing the lawsuit in the lawsuit, which should be given enough attention.
Recommendation: Change the concept of litigation, and identify the defendant and the claim.
Recently, we conducted an investigation and analysis of the loan contract cases filed by credit unions this year, especially those cases lost by credit unions. The purpose is to find out the problems that your society should pay attention to in signing, fulfilling contracts and litigation cases from the perspective of trial cases. And make a suggestion to your agency. If these suggestions can be adopted and can receive a little effect, we will be very pleased.
I. Problems in the subject of the borrower and the guarantor The flaw in the subject of the contract is the most common cause of the invalidity of the contract and even the loss of the credit union. Judging from the cases examined this year, the main defects of the contract are mainly manifested in two aspects:
1. A legal person or organization of a non-natural person does not provide a business license when signing the contract as a borrower or guarantor. A "legal person" without a business license or an organization is not qualified to engage in civil activities, and the contract signed by it is not legally binding. Once such a contract appears in practice, it is often difficult to determine the subject of responsibility and it is difficult to prove.
Recommendation: Strictly review the qualifications of the borrower and the guarantor. In addition to the identity certificate provided by the natural person when signing the contract, the legal person and the organization must provide a business license valid for the annual inspection.
2. The contract stated that the address does not match the actual address. This problem is mainly manifested in the natural person as a borrower or guarantor. If the address written in the loan contract or guarantee contract is a village in Yangzhuang Town, it is found in the lawsuit that the person is actually a village in Shiqiao Town, or Lushan. The identification of the identity of the parties is the premise of the lawsuit. In the above example, it should be legally considered that the two are not the same person. Strictly speaking, the defendant is not clear. According to Article 108 of the Civil Procedure Law, the result is a ruling to dismiss the plaintiff’s lawsuit.
Recommendation: Improve the legal awareness and professional ethics of the loan officer, and identify the identity of the other party when signing the contract.
3. The parties to the contract have not signed the contract in person or have a power of attorney. In the lawsuit, the borrower or the guarantor does not recognize the phenomenon of borrowing or guarantee. For example, a society v. Xu, Zhao, may be the guarantor Zhao’s own loan procedure with Xu’s ID card. Xu is not recognized in the lawsuit. Signing the contract by himself, because Zhao’s whereabouts are unknown, the credit union lost the case because he could not prove who the agent was.
Suggestion: Strengthen the responsibility education for the loan officer. When signing the contract, the borrower or the guarantor must sign the contract personally and cannot sign the contract in person. There should be a valid power of attorney to avoid staying. A similar sequela.
Second, the problems in the period of time, the period of time, the ultra-litigation case still exists, because of the statute of limitations of the lawsuit, the guarantor out of the insurance, the request for "accommodation" in the case of filing, trial is not uncommon. This is an old problem, and its causes, harms and consequences need not be discussed.
Suggestions: First, we must further improve the control mechanism and strengthen internal supervision. Second, loan officers and grassroots organizations should not evade problems and find problems in a timely manner and strive for initiative. The third is to abandon the work style.
III. Problems Existing in the Implementation of the Contract In individual cases, the procedures for the credit union to perform the contract are not perfect and have not been performed in strict accordance with the contract. It is common for the borrower to be A and to deliver the money to B in error;
The loan was not delivered directly to the borrower, and the borrower entrusted the disbursement of the loan but no formalities were entrusted. For example, if the borrower is 翟xx, the borrower is 翟xx, the guarantor is cattle xx, and there is no problem in signing the contract. Only when the agency finally performs the contract, it is considered that 翟xx and xx are husband and wife, so no money is delivered. Xx, but the money was delivered to the cattle xx, the parties in the lawsuit provided evidence to prove that the two parties were divorced, causing unnecessary disputes.
Recommendation: Truly establish a strict sense of law and abandon the habit of doing things according to "rationality." In daily work, we must strictly lend money according to law and strictly abide by the contract.
Fourth, the problems in the litigation process
1. Individual agents sometimes do not appear in court.
2. The use of formatted complaints is too mechanical. The use of formatted complaints has brought some convenience to the staff and reduced the labor intensity. However, the individual clubs are too mechanical and too rigid in use, and they have not considered the contents that the format complaints cannot cover. This is neither serious nor disadvantageous. To protect the legal rights of the plaintiff.
Recommendation: A single loan with no special circumstances can be used to format a complaint when prosecuting; when two or more loans are combined for prosecution or other special circumstances, it is not appropriate to use a formatted complaint.
3. Change the litigation request at will. Article 34, paragraph 3 of the "Several Provisions on Evidence in Civil Proceedings" stipulates: "If a party increases, changes a request or initiates a counterclaim, it shall file it before the expiration of the period of proof." Before the application of the provision, the law is against the parties in the proceedings. There is no restriction on the change of litigation request. If the party increases, requests for a change or initiates a counterclaim after the implementation of the provision, it shall be filed before the expiration of the period of proof. There is also the phenomenon of arbitrarily changing the lawsuit in the lawsuit, which should be given enough attention.
Recommendation: Change the concept of litigation, and identify the defendant and the claim.
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