论国际银团的法律性质及其特色

Nature and feature of international syndicate

国际银团在性质上是银团成员按同样条款和条件向借款人放款而采取的结构 ,银团贷款是银团各成员按照这一结构向借款人发放的各笔独立贷款的集合 ,银团成员与借款人的关系是分别的而不是连带的。但由于银团贷款是以银团这一特殊结构所体现的一种特殊的金融交易形式 ,银团全体成员作为一个整体与借款人之间以及银团成员彼此间会因合同或法律的规定产生多种的法律关系 ,概括起来主要有因贷款协议的规定而产生的法律关系与因代理行、牵头行责任而产生的法律关系。银团各成员与借款人之间彼此独立的权利、义务关系和银团内部法律关系并存正是银团贷款法律关系的架构特点所在。

The international syndicate is a structure employed by the syndicate members to extend loan to the borrower according to the same rules and conditions, and a syndicate loan is a collection of several independent loans extended to the borrower by the syndicate members according to the structure, so the relations between the syndicate members and the borrower are separate and not joint. However, the unique transaction form of syndicate gives rise to the various legal relations between the syndicate members as a whole and the borrower and among the syndicate members themselves due to contract or law. Legal relations may arise on the basis of syndicate loan agreement or contributing to the responsibility of leading banks and agent bank .The separate nature regarding the relations between each member and the borrower side by side with internal legal relations within the syndicate is the main framework feature of syndicate loan.