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近年来,随着社会经济的发展,资金融通领域不断拓宽,融通的品种和数量也呈现出前所未有的发展势头。发生在金融机构与企业、金融机构与个人、企业与企业、企业与个人以及个人与个人之间的各种资金借贷关系异彩纷呈。从资金融通角度出发,这种现象无疑是件好事。但是,在各类借贷关系的具体运作中,由于当事人不清楚其中的法律、法规知识,借贷风险意识差,不自觉地与他人发生资金借贷关系,但由于订立的是不受法律保护的借贷合同,结果在发生纠纷时很难实现借贷的预期利益,有的甚至带来无辜的经济损失。这是借贷纠纷中不容忽视的问题。按照法律规定,无效借款合同不受法律保护,包括以下几种情况:(1)以从事非法活动为目的的借贷合同。出借人明知借款人是为了进行非法活动而借款的,其借贷关系不受法律保护。如明知个人借款用于赌博、贩卖假币、贩卖毒品、走私等非法活动而借款给他人,其借贷合同不受法律保护,对行为人还要处以收缴、罚款、拘留,甚至追究刑事责任。
In recent years, with the development of society and economy, the field of financial intermediation has been continuously broadened, and the variety and quantity of intermediary facilities have also shown unprecedented momentum of development. There are various financial lending relationships that take place between financial institutions and enterprises, financial institutions and individuals, enterprises and enterprises, enterprises and individuals, and individuals and individuals. From the financial point of view, this phenomenon is undoubtedly a good thing. However, in the specific operation of various types of loan relationships, the parties are not aware of the laws and regulations and have a poor sense of risk of borrowing and are unconsciously financially lending to others. However, due to the fact that the loan contracts that are not legally protected As a result, it is very difficult to realize the expected interest of borrowing in the event of a dispute, and some even bring innocent economic losses. This is a problem that can not be ignored in loan disputes. According to the law, the invalid loan contract is not protected by law, including the following situations: (1) The loan contract for the purpose of engaging in illegal activities. The borrower knows that the borrower borrowed for illegal activities, and the loan relationship is not protected by law. If they know that personal loans are used for gambling, selling counterfeit money, drug trafficking, smuggling and other illegal activities to borrow money from others, their loan contracts are not protected by law and the perpetrators are subject to collection, fines, detention and even criminal prosecution.