企业间借贷合同的效力研究
发布时间：2018-09-16 20:19
【摘要】：在现实经济生活中,企业间资金借贷调剂余缺是常见的经济现象,但我国的相关金融规定和司法解释,认定企业间借贷合同无效。在市场经济体制和新金融形势下,如何看待企业间借贷合同的效力值得重新探讨。 本文的基本观点是,除了损害社会公共利益的非法集资外,一般情形下企业间借贷合同应当有效。为此,本文分四章进行论述。第一章对企业间借贷合同作了一般性介绍,界定企业间借贷合同的概念、特征和类型。第二章对企业间借贷合同效力的历史沿革进行梳理,从中可以看出企业间借贷合同的效力与我国经济体制的变迁息息相关。第三章从社会经济层面论证企业间借贷合同应当有效。计划经济体制向市场经济体制的变迁,现代金融体制的确立以及民营企业和中小企业的融资环境的急需改善决定了企业间借贷的正当性。第四章则从法律层面论证企业间借贷合同应当有效。《合同法》消除了国家计划对合同效力的影响,企业间借贷合同没有违反法律行政法规的强制性规定,也没有违反法律行政法规效力性强制规范,企业间借贷合同有效是意思自治原则的要求,也未损害社会公共利益。因此,从立法上彻底承认一般企业间借贷合同有效势在必行。
[Abstract]:In real economic life, the balance and deficiency of inter-firm funds lending is a common economic phenomenon. However, the relevant financial regulations and judicial interpretation of our country determine that the inter-firm loan contract is invalid. Under the market economy system and the new financial situation, how to treat the validity of the inter-firm loan contract is worth discussing again. The basic view of this paper is that, in addition to illegal fund-raising which damages the social and public interests, the inter-firm loan contract should be effective under general circumstances. Therefore, this paper is divided into four chapters to discuss. The first chapter gives a general introduction to inter-firm loan contract and defines the concept, characteristics and types of inter-firm loan contract. The second chapter combs the historical evolution of the validity of inter-firm loan contracts, from which we can see that the effectiveness of inter-firm lending contracts is closely related to the changes of our economic system. The third chapter demonstrates that inter-firm loan contract should be effective from the social and economic level. The change from planned economy to market economy, the establishment of modern financial system and the urgent improvement of financing environment for private enterprises and small and medium-sized enterprises determine the legitimacy of lending between enterprises. The fourth chapter demonstrates from the legal level that the inter-firm loan contract should be effective. The contract Law eliminates the influence of the state plan on the validity of the contract, and the inter-firm loan contract does not violate the mandatory provisions of the laws and administrative regulations. The validity of inter-firm loan contract is the requirement of the principle of autonomy of will and does not harm the public interest. Therefore, it is imperative to recognize the validity of the general inter-firm loan contract in legislation.
【学位授予单位】：南昌大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D923.6
本文编号：2244681
[Abstract]:In real economic life, the balance and deficiency of inter-firm funds lending is a common economic phenomenon. However, the relevant financial regulations and judicial interpretation of our country determine that the inter-firm loan contract is invalid. Under the market economy system and the new financial situation, how to treat the validity of the inter-firm loan contract is worth discussing again. The basic view of this paper is that, in addition to illegal fund-raising which damages the social and public interests, the inter-firm loan contract should be effective under general circumstances. Therefore, this paper is divided into four chapters to discuss. The first chapter gives a general introduction to inter-firm loan contract and defines the concept, characteristics and types of inter-firm loan contract. The second chapter combs the historical evolution of the validity of inter-firm loan contracts, from which we can see that the effectiveness of inter-firm lending contracts is closely related to the changes of our economic system. The third chapter demonstrates that inter-firm loan contract should be effective from the social and economic level. The change from planned economy to market economy, the establishment of modern financial system and the urgent improvement of financing environment for private enterprises and small and medium-sized enterprises determine the legitimacy of lending between enterprises. The fourth chapter demonstrates from the legal level that the inter-firm loan contract should be effective. The contract Law eliminates the influence of the state plan on the validity of the contract, and the inter-firm loan contract does not violate the mandatory provisions of the laws and administrative regulations. The validity of inter-firm loan contract is the requirement of the principle of autonomy of will and does not harm the public interest. Therefore, it is imperative to recognize the validity of the general inter-firm loan contract in legislation.
【学位授予单位】：南昌大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D923.6
【引证文献】
相关期刊论文 前1条
1 郝晓芳;;企业间资金借贷的法律问题研究[J];江苏警官学院学报;2014年05期
，本文编号：2244681
本文链接：https://www.wllwen.com/falvlunwen/hetongqiyue/2244681.html
