企业间借贷合同效力之反思

Reflections on the Validity of Current Statement about the Effect of Loan Contract between Enterprises

对于企业借贷合同,我国司法实践历来作为无效合同处理。但随着相关法律规定的修改和金融形势的变化,认定其无效的基础已经动摇。本文通过关于企业间借贷关系合法性的法理论证,提出将企业借贷合同纳入规范化管理、有条件地认可企业借贷合同的有效性、构建适度监管体系等三点建议。

Our country＇s judicial practices look upon the loan contract between enterprises as invalid contract all along.However,with the amending of relevant legal provisions and the changing finance situation,the foundation regarded them to be avail is shaking.By expounding the legitimate of loan relationship between enterprises,this article puts forward three proposals： bring the loan contract between enterprises into line with the standard management,recognize the loan contracts between enterprises as the effective contracts under specified conditions,organize a balanced system of supervision and administration.