企业间借贷行为法律效力的认定和探讨

Validity of the Loan Conduct between Corporations with the Discussion

企业间借贷行为的法律效力一直备受争议,虽然主流观点和司法实践都否定其法律效力,但随着经济实务的发展和相关法律法规的出台,如何解决法律法规之间的冲突以及协调法律法规符合经济实务发展需要,成为当前一个重要的课题。探讨企业间借贷行为法律效力可行性的认定问题也是促进经济发展与适应依法治国的需要。

The validity of the loan conduct between corporations is disputed, its validity is denied by the mainstream point of view and judicature practice, but along with the development of economy practice and the establishment of relevant legislation, how to settle the conflict of legislation and assort with legislation and the development of economy practice, has become an important subject. This article tries to compare with the validity and invalidation of the loan conduct between corporations, to discuss the feasibility of its validity, in order to accelerate the development of economy and adapt the need of realization of democracy.