Signing a blank contract couple "borrowed" 2.8 million

Wang and Zhang, the couple, only signed on the blank contract, and paid 2.8 million yuan in debt out of thin air. What was going on? Recently, the Chengdu High -tech District Court tried the civil loan dispute between the blank contract -related contract, and the couple of Wang and Zhang did not need to bear repayment responsibilities in accordance with the law.

Wang and Zhang signed a blank contract with Li, and Ding and his children signed at the blank contract borrower. Then, Li wrote on the contract and wrote on the contract. "Any borrower receives the loan, and the other borrowers have the obligation to repay the loan together" and pay the borrowing principal of more than 2.8 million yuan to Ding and their children's accounts who signed the contract.

Subsequently, Li sued the court and advocated that all borrowers returned to borrowing together. Wang and Zhang argued that the blank contract was invalid, saying that his purpose of signing a loan contract was not to borrow more than 2.8 million yuan, but only borrowed 200,000 yuan, and he did not receive the loan at all. He should not bear the repayment responsibility.

The court's trial believes that the parties' premise that the parties conduct a general authorization of the blank contract and assume the repayment obligation of the loan contract item is that the lender has fulfilled the borrowing obligation to the debtor based on the contract. According to the fact that the court reviewed in this case, Wang and Zhang did not know that there were subsequent signed borrowers when signing the contract, and did not agree to pay the loan to other people's accounts. The general authorization of Li Mou is limited to the rights and obligations between the two parties, not involved. Because the dispute occurred before the Civil Code was applicable, according to the "Several Provisions of the Supreme People's Court on Application on the Paralympia of the People's Republic of China", paragraph 1, paragraph 1, paragraph first, the law occurred at that time. In accordance with Article 21 of the Contract Law, "the loan contract between the natural person will take effect when the lender provides the loan". Li did not evidence to prove that Wang and Zhang's husband and wife agreed to pay the borrowing account of the borrower who signed the contract, that is, Li did not fulfill Wang and Zhang's obligations. The loan contract has not taken effect. Based on this, the court made the above judgment in accordance with the law.

● Judge says

The blank contract means that the parties do not make a written confirmation of all contract terms, and there is a blank space in the signing of the contract. The blank contract often appears at the same time as the format contract. In recent years, many civil loan cases have shown that some parties signed a blank contract in order to improve the efficiency of transactions and then handed over to the counterparty. Most of these parties will defense the blank contract in the trial. The case determines that the blank contract is valid. The signing of blank behavior often hides greater legal risks, and should try to avoid signing a blank contract. Especially for the principal of the loan, if you need to collect it through another person's account, it is best to be clear in the contract.

Gao Fa Xuan Sichuan rule of law Daily-Rule of Law Sichuan News Client reporter Liu Bingyu

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