The Practicality of Loan Contract between the Natural Persons——Reconsidering The Article 210 of Contract Law

The necessity of practice contract is challenged by the principle of autonomy.The Article 210 of China's Contract Law prescribes this contract as practical,which is not doubted in the judicial practice,but there are many theoretical circles.Firstly,legislation is not clear why the lending as the element of contract enforcement,which is different from storage contracts.This is detrimental to the system of coherence;secondly,prescribing lending as a mandatory elements is legitimate intervention in the private sector.Thirdly,we should distinguish the contract when paid and unpaid,as the right condition is obviously different.It is necessary for this provision of China's Contract Law to be re-framed.