企业间借贷合同的效力认定及责任承担

企业间借贷合同符合合同法原理,现行政策及有关立法并未一概否定其效力,原有司法解释缺乏法律依据,现已着手修改,并已先行对部分企业之间变相借贷合同的效力予以认可,因此,应确认企业间借贷合同的效力。从经济学上说,利息就是货币的时间价值;在法律上,利息是由作为主债权的金钱债权而产生的法定孳息。因此,在责任承担上,利息的性质决定着在企业间借贷合同中,除本金债权外,利息债权也应予以保护,对此相关判例已经先行一步,期待司法解释能够根据合同法的规定予以明确,以便统一司法尺度。

Validity of the Loan Contract between Corporations and Its Relative Liabilities

The loan contract between corporations is in compliance with the principles of contract law.Its validity is not entirely denied by existing policies and relevant legislation.Since the old judicial interpretation cannot be justified by any authority,its amendment is now under way and the effect of some kind of covert loan contracts between corporations has been preliminarily ascertained.So the validity of the loan contract between corporations should be acknowledged.In the sense of economics,interest is the price of time of currencies.From the angle of law,interest is fructus civiles of money credit that is deemed main obligatory right.Thus,as to the problem of undertaking liabilities,the nature of interest determines that in the loan contract between corporations,apart from money credit,the obligatory right of interest should also be protected.Since in relevant cases,such kinds of decisions have been made,we eagerly expect that judicial interpretation will make express provisions in accordance with contract law so as to make judicial criteria uniform.