金融机构诉讼提前收贷问题研究

On Financial Institutions Filing Lawsuits Requiring the Borrowers Repaying the Loan in Advance

金融机构提前收贷诉讼是金融纠纷案件的重要类型.在优化营商环境背景下,考察该种诉讼的主要争点,从借款人如何防范触发金融机构诉讼提前收贷的角度,对提前收贷的法律属性、行权事由、行权程序等方面进行分析,具有重要意义.提前收贷约定条款的内容认定应尽量全面、客观,对其解释适用要符合《合同法》《贷款通则》等法律法规的相关精神.在法律属性的诸多观点中,提前收贷权更接近为一种违约责任形式,而且在约定不明时,应只适用于借款人严重违约的情形.

Abstract:That a financial institution filed a lawsuit requiring the borrower to repay the loan in advance has been an important type of financial disputes.From the perspective of how the borrowers can prevent the legal risk,we analyzed the legal meaning of those agreements in the financial loan contract,cared about the procedure of how to file a civil lawsuit.Based on the study of the lawsuits,we find that the content of agreement in the contract should be signed as comprehensive and objective as possible,and its interpretation should be consistent with the relevant spirit of the"Contract Law"and"General Rules of Loan".If the agreement is unclear,it should only be applied to the case of serious default by the borrower.Finally,this paper puts forward some suggestions on how to solve the problem and resolve the disputes between banks and enterprises,in order to optimize the corporate financing environment.