First, how to write the loan agreement is effective.
The loan agreement is legal and valid if the lender, borrower, loan amount, loan time and other main contents are specified in the loan agreement. Specifically: 1. Write clearly the legal full names of the borrower and the lender; 2. Write down the loan amount clearly, including the amount in words and figures; 3. Write clearly the loan term; 4. Write clearly the interest of the loan; 5. The date, month, day, time and payment method of repayment of loan principal and interest shall be stated; 6. There should be the borrower's personal signature, handprint or handwritten signature.
How to write the loan agreement to be effective?
Second, does the private lending contract have legal effect?
Private lending contracts have legal effect. The legal effect of the loan contract mainly involves two issues: one is the conditions for the loan contract to take effect, and the other is the time when the legal effect occurs. As far as the former is concerned, it involves two aspects: one is the form of loan contract; The second is the content of the loan contract.
1. In terms of form, according to the provisions of China's Civil Code, the loan contract should be in written form. This point is also clearly stipulated in Article 37 of China's Commercial Bank Law, that is, commercial banks should conclude a written loan contract with borrowers. However, the loan between natural persons may not be in written form unless otherwise agreed by the parties.
2. As far as the content is concerned, the validity of the loan contract lies in the legality of the rights and obligations determined by both parties. This problem is often complicated when concluding a loan contract. There are two specific situations: one is the legitimacy of the currency lending relationship between the two parties. For example, high-interest loans that exceed the national interest rate are invalid. Another situation is the legality of the additional contents and conditions of the loan contract.
3. As far as the effective time of the loan contract is concerned, according to the provisions of China's Civil Code, if agreed by both parties, it will take effect from the agreed time; However, the loan contract between natural persons takes effect when the lender actually provides the loan. Therefore, except for loan contracts between natural persons, all other loan contracts are agreed contracts rather than actual contracts, that is, they take effect when the lender and the borrower reach an agreement on loan matters, rather than when the lender actually delivers the money to the borrower.
Third, what should I do if private lending is not repaid?
If the debtor is unable to pay off the debt, the creditor may bring a lawsuit to the court to force the debtor to pay off the debt in a legal way. Under normal circumstances, creditors cannot directly exercise compulsory rights, including the act of sealing up property. But this is not absolute. If permitted by law, the creditor may seize the debtor's property. Creditors are allowed to seize property under the following two circumstances:
1. If one party takes possession of the other party's property according to the contract, and the other party fails to pay the payable amount according to the contract within the agreed time limit, the possessor has the right to seize the debtor's property.
2. When the debtor or a third party provides certain property to guarantee the debtor's performance of the debt, when the debtor fails to perform the debt, the creditor may seize the collateral and give priority to the realization of his creditor's rights with the value of the collateral. For example, if Party A borrows 1000 yuan as collateral, and fails to repay it at maturity, the creditor may detain the cattle and urge Party A to pay off the debt, or sell the cattle according to law to realize the rights, or discount the cattle for himself, and the balance can be returned. This is the mortgage in civil law.
The above is how to write a loan agreement for everyone. When you write a loan agreement, you must pay attention to writing down all the necessary information to avoid omission. There are related questions below. Please consult the lawyers of Legal Express, and they will give you professional answers.