Non-Governmental Borrowing And Lending Contract Of Incomplete Requirements Of Validity

The article is proposed in the context of multiple disputes of Non-governmental Borrowing and lending and look forward to NGBL "Sunshine"、"normalizing".The first and second chapter describes the basic definition, include NGBL and NGBL contract, contract validity, general or special requirements of validity, the different contact requirements between establishment and validity, as to pave the way for the main text.The third chapter is to set forth the research significance of incomplete requirements of validity of NGBL contract:to distinguish the different contract validity form, and, to grasp the scale of requirements of validity of NGBL contract, adjust the validity form, to maintain transaction security, and promote finance keeping activity. In addition, organize and explain the requirements of validity of NGBL contract, which are dispersed in law, not easy to use, have significance of distinguish validity form of NGBL contract.The fourth chapter is key of article. Assay discusses the specific performance under condition of lack of effective elements and the different form under different validity. To maintain transaction security and promote transactions, writer elaborated his own opinion to explain the item of law, introduce the new method, and change the unsuitable item of law.First of all, this paper advocates apply the double rate as usury refine measure. When rate is beyond the standard, contract is voidable or invalid. That means keeping normal interest have double insurance. And the assay suggests scope of compensation between the voidable contract and invalid contract should be different. The second one, how to settle hypocrisy use of loan, the author suggests the plaintiff proof themselves to support their claim according to different standards. Finally, according to the Article52of <contract law> not easy to use, assay propose a single criterion:contract behavior (or the purpose\method of contracts,) and the damage results (occurrence and quantifiable)of public interests are direct causal relationship.