Analysis Of Disputes On Loan Contract Between Rizhao Port Transport And Marketing Department And Shanxi Coking Coal Company And Other Cases

“Inter-enterprise financing trading” is used in the commodity trading field as a financing channel to avoid legal risks,but in judicial practice,it is difficult to identify and characterize it.In the case of the loan contract dispute between Rizhao Port Transportation and Marketing Department and Shanxi Coking Coal Company and related cases,the definition of legal relationship is difficult to be qualitative.Specific to the main case,its core content points are concentrated in two aspects: Has Zhaoqing Company returned the prepayment of Rizhao Port Transportation and Marketing Department on behalf of Shanxi Coking Coal Company?And How to determine the legal relationship of financing trading between enterprises? First of all,the main body of civil litigation should adhere to honesty and credit,and prohibit inconsistencies in litigation before and after the proceedings.At the same time,the parties have the burden of proof for the facts.The claim in the Shanxi Coking Coal Company's lawsuit contradicts the written certificate issued before the lawsuit,violating the principle of “prohibition of estoppel”,and Zhaoqing's payment of 17.6million yuan points to its own creditor-debt relationship,which has nothing to do with Shanxi Coking Coal Company.Shanxi Coking Coal The company did not provide evidence for the facts on which it was based,and should bear the unfavorable consequences of the evidence.Secondly,the inter-enterprise financing trading include representational behavior(sales contract)and hidden behavior(loan contract).The external representation is inconsistent with its inner meaning.It is a typical hypocrisy of conspiracy.The legal relationship between the two parties should be determined by hidden behavior.Including the fundless transformation and the generation of funds.Rizhao Port Transportation and Marketing Department,Shanxi Coking Coal Company and Zhaoqing Company belong to the financing of financial trading.The parties have not expressed the effect of legal effect on the sales contract.Therefore,the external representation that the sales contract itself is invalid,the legal relationship should be determined by the hidden behavior,that is,the loan contract.In addition,if production and operation are not required,and the lender is regularly engaged in lending business,the inter-enterprise loan contract shall be invalid.Rizhao Port Transportation and Marketing Department and Shanxi Coking Coal Company do not have the qualifications to engage in financial business.After Shanxi Coking Coal Companyborrowed money from Rizhao Port Transportation and Marketing Department in the form of sale and purchase,it did not use the loan for production and operation,and Rizhao Port Transportation and Marketing Department regularly engaged in For lending business,the loan contract should be invalid.