التنظيم القانوني لعقد القرض الدولي متعدد الأطراف

الملخص EN

The principle is that the lender delivers the loan amount to the borrower, but sometimes a third person delivers the loan to the borrower at the request of the lender or the existence of a previous relationship between them, so we are in that imposition in front of several legal and international relations at the same time, which is the relationship Between the direct lender and the indirect lender and the relationship between the indirect lender and the borrower.

In addition, the parties ’desire to visit profits requires increasing the borrowing amounts that they alone are unable to finance.

So resort to joint lending and therefore we are in front of the combined international loan contract, which is in two forms through a pool of banks or by issuing loan bonds through companies as a result of the multiplicity of parties and conflict of interests.

As a result of the increase in the amounts in the international loan contract and the fluctuation of circumstances that sometimes lead to destabilizing the confidence between the contracting parties, so the importance of providing guarantees to the lender that leads to stability and encouragement for the conclusion of the international loan contract, these guarantees are in kind and in person.

Therefore, the application of the law that governs these relationships is not without difficulty, whether in the presence of the will, or its absence.