转化型借贷关系

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合伙人协商将投资款转为借款,“出借人”主张债权能否支持?
Sou Hu Cai Jing· 2025-07-14 08:30
Group 1 - The article discusses the increasing prevalence of partnership investment projects and the associated risks of capital recovery due to market fluctuations and competition [2] - A case study is presented where an investor, Jin, invested 300,000 yuan in a partnership for a chili powder business, which later transitioned into a loan agreement due to repayment issues [2] - The court supported the conversion of the partnership investment into a loan, affirming that both parties' intentions were genuine and legally compliant, leading to a civil mediation where the debtor agreed to repay the loan by March 30, 2025 [2] Group 2 - The article explains the concept of "transformative lending relationships," where debts arising from non-lending activities can be recognized as loans through written agreements [3] - It emphasizes that not all transformative debt acknowledgments can be treated as loans unless a new lending agreement is formally established [3] - The necessity for written documentation to protect legal rights when converting original debt relationships into lending relationships is highlighted [3]