Can the verbal borrowing agreement be supported by the court?

Borrowing between friends, because there is no borrowing in the usual relationship, then, in the future, if there is a dispute in the future, can the debit request request the request of a friend to repay can the court be supported by the court? Xu Jingxiang, Assistant to the Fifth Court of Civil Court of the Changchun Intermediate People's Court, said that there is no inevitable connection between the two of the court to receive the support of the court and whether the request to be returned by the borrowing of the loan.

According to Xu Jingxiang, Article 668 of my country's "Civil Code" stipulates that the loan contract shall be written in writing, except for the borrowing between natural persons. Article 679 of the Civil Code stipulates that the loan contract between natural persons is established when the lender provides loans. Therefore, according to the provisions of the "Civil Code" above, it can be known that the borrowing between natural persons can be used in a written form to establish a loan contract, or an non -written form. Can. In addition, the loan contract is a practical contract. As long as the borrower actually delivered the payment in accordance with the agreement between the borrowing parties, the loan contract was established. Even though the two parties do not have a written debit existence, the two parties have reached an agreement on the content of the loan, and the money has actually been delivered to the borrower, so the legal relationship between the two parties naturally set up a debt and debt.

"In the actual court trial, if the creditor can provide evidence of the actual delivery of the actual delivery, even if there is no written debit, as long as the other party cannot submit the opposite evidence to refute, the claim request of the creditors can be supported by the people's court's support . "Xu Jingxiang said.

Author: Jilin Daily All Media Reporter Zhao Mengzhuo

- END -