Dispute settlement in contract for the loan of property – situation and solution

Abstract

Recently, stemming from many different factors: the market economy has had a negative impact, society is too focused on money, the stability and consistency of legal regulations are not high... Property disputes are on the rise. In particular, disputes over contracts for the loan of property are becoming increasingly complex and diverse. The 2015 Civil Code has new and progressive provisions that are the legal basis for timely settlement of disputes over the contract for the loan of property, based on the inheritance of the reasonable kernels of the Civil Code of 2005. The study clarifies the basic theoretical issues of contract for the loan of property and the current status of legal provisions on contract for the loan of property in the 2015 Civil Code. Besides, through a number of judgments in resolving disputes at People's Courts about property loan contracts, the authors analyze and state their views, and raise issues and problems when settling them. From there, propose solutions to improve the provisions of the law on the contract for the loan of property.