Private lending formed by credit card borrowing
As long as both parties explain that it is a loan relationship, it is a loan behavior. 1. Credit card is a financial payment tool issued to cardholders by signing a contract with the issuing bank for overdraft consumption, cash withdrawal and transfer settlement within a certain credit limit. The credit card holder and the issuing bank establish a contractual relationship with the purpose of financing and borrowing and the contract as the carrier. The use of credit cards often involves special merchants. Credit card disputes are generally rights and obligations disputes arising from the use of credit cards among card issuers, cardholders and special merchants. In case of disputes caused by overdue repayment, fake card transaction, stolen card transaction, payment settlement, etc. One party to the dispute must be the issuing bank. Therefore, such disputes do not meet the constitutive requirements of credit card disputes. 2. A loan contract is a contract in which the lender transfers the possession and use right of the loan to the borrower regularly or irregularly. In addition to being free of charge, the loan contract also has an important feature, which is the non-consumption and particularity of the subject matter. The purpose of borrowing is to use the subject matter itself, that is, the use value of the borrowed object, and return the original object to the lender after use. The object of a loan contract is money and its purpose is financing. In this kind of dispute, the borrower's purpose of borrowing a credit card is not to use the credit card itself, but to use the credit card for financing. Therefore, such disputes do not meet the constitutive requirements of loan contract disputes. 3. A loan contract is a contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest. The purpose of the loan contract is financing. Credit card has financing functions such as overdraft consumption, credit loan and cash withdrawal. In this kind of dispute, the lender lends the credit card to the borrower, and the borrower makes financing consumption or cash withdrawal through the credit card. The lender has debts to the issuing bank within the scope of overdraft consumption or cash withdrawal of the borrower, and has financing purposes. The two sides have the nature of private lending and establish a private lending relationship. Article 667 of the Civil Law of People's Republic of China (PRC) is a loan contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest. Article 668 A loan contract shall be in written form, unless otherwise agreed between natural persons. The contents of a loan contract generally include terms such as loan type, currency, purpose, amount, interest rate, term and repayment method. Article 669 When concluding a loan contract, the borrower shall, at the request of the lender, provide the true information about the business activities and financial status related to the loan.