Legal subjectivity:

1. Whether the signature of the loan contract is effective

According to the regulations of our country, a personal loan agreement is a type of contract. A loan agreement is generally It is established when both parties sign it, but establishment does not mean it comes into effect. The personal loan agreement will not take effect until it is established in accordance with the law.

Article 490 of the "People's Republic of China and Civil Code" When a Contract is Established If the parties conclude a contract in the form of a contract, the contract shall be established when both parties sign, seal or fingerprint. Before signing, sealing or fingerprinting, one party has performed its main obligations and the contract is established when the other party accepts it.

Laws, administrative regulations or the parties agree that a contract should be concluded in writing. If the parties do not do so in writing but one party has performed its main obligations and the other party accepts it, the contract is established.

Article 502: Contract Effective Time A contract established in accordance with the law shall take effect from the time of its establishment, unless otherwise provided by law or otherwise agreed upon by the parties.

In accordance with the provisions of laws and administrative regulations, if the contract should be approved and other procedures should be followed, the provisions shall be followed. If the failure to go through approval and other procedures affects the effectiveness of the contract, it will not affect the effectiveness of the contract's obligations such as reporting for approval and the effectiveness of related clauses. If the party that should go through the application approval and other procedures fails to perform its obligations, the other party may request that it bear liability for violating such obligations.

2. Is it illegal to not repay the loan contract?

It is a civil legal relationship, that is, a creditor-debt relationship, to borrow money between friends with an IOU, so it is not an illegal act.

Because no criminal law has been violated, the debt can be recovered through civil litigation.

So what is the difference in expression between loan fraud and private lending? The main points are as follows:

(1) The subjective intentions of the perpetrators are different

The fraudster subjectively has the intention of illegal possession, that is, the perpetrator has the intention not to return the money when he borrows it. The crime of fraud requires that the perpetrator has the purpose of illegal possession as a subjective element. Therefore, the fraudster's "borrowing money" is just a fictitious pretense, and he has no subjective intention to return it. However, normal borrowers have the intention to repay when they borrow money, and the debts are often not repaid in time due to objective reasons.

(2) The methods adopted by perpetrators are different

Fraudsters will use means of fabricating facts and concealing the truth when borrowing money, leading to the victim's wrong understanding. For example, fictitious borrowing is used for Some kind of investment or profit-making activities, or fabricating one's own financial situation to make the victim mistakenly believe that he has the ability to repay. In normal lending, borrowers often truthfully inform them of the purpose of the loan and rarely use deceptive methods.

(3) The perpetrators have different attitudes towards borrowing

Scammers will not consider returning the property after defrauding it, so they will use the property without any worries or restraint. Causing the loss of property, such as using the borrowed money for gambling, drug abuse, or personal squandering; in private lending, the borrower has the ability to repay the loan, or uses the borrowed money in a way that can generate legitimate gains to ensure the repayment of the loan.

3. Can you win the lawsuit without a loan contract?

Yes, you can sue even without a loan contract, but you must have facts. The loan contract is included in the lawsuit. A piece of evidence, this does not hinder the prosecution. You have to collect relevant loan vouchers such as transfer records, chat records, etc., but it will affect the final judgment. You can sue. You can search IOUs on WeChat and they will find relevant litigation guidelines.

Through the above article, you can know whether the signature of the loan contract is effective. According to our country's regulations, a personal loan agreement is a type of contract. The loan agreement is generally established when both parties sign, but establishment does not mean that To take effect, the personal loan agreement will not take effect until it is established in accordance with the law.