Research In Legal Problems About Agreement Of International Commercial Loan

International loan is one of main methods of international finance, and international commercial loan, which means international loan between private people, is the representation of international loans. As a representative international civil suit, international commercial loan has distinctive characteristics of internationalism, commercialism and contractual. And the agreement of international commercial loan is set out by both side clients to state their rights and duties. It's the soul of international commercial loan, and the fundamental code for borrowers and lenders.The agreement of international commercial loan reflects the characteristics of the international loan comprehensively. On the average, the agreement of international commercial loan consists three parts: Title and Preamble, the Text, the Ending. Between the three, the Text prescribes the rights and duties of both side clients, is the main body of the agreement. The agreement of international commercial loan talks so many things that we can classify those legal matters into two types: common matters and special matters. The common matters are the matters that every contract should confront of: the principle of the agreement, the performance, and the defaults, the regimentation and applicable law of the agreement. Those matters have different meaning because of the special international loan. The special matters come from the special convention in the agreement of international commercial loan, for an example: Interest, Fees, Loan Currency, Conditions Precedent, Representations and Warranties, Negative Pledge, Pari Passu Clause, and so on.After researching the international custom about international commercial loan, contrasting with law of our country, we can find that our laws have some wrong prescriptions which obstruct the development of our international commercial loan. We should amend those lows and set up a general new managerial system of international commercial loan.At the same time, there are so many matters in the agreement of international commercial loan that it's difficult for borrowers from China to join. Research in agreement of international commercial loan should service those borrowers from China, give them some legal direction, and decrease unnecessary loses.