This research differentiates bank loan contracts from other similar agreements, like syndicated loan contracts and mortgage loan contracts, by examining their similarities and distinctions. It evaluates the characteristics of each loan type while emphasizing the differences in involved parties, aims, and legal ramifications. Key findings reveal that a bank loan contract is defined by a direct relationship between the bank and the client, serving multiple purposes. Conversely, a syndicated loan contract necessitates collaboration among several banks to facilitate a substantial loan, coordinated by a lead bank. On the other hand, a mortgage loan contract is centered on financing real estate endeavors backed by specific property guarantees. Furthermore, the study addresses the influence of digitization and technology on the management and structuring of these loans, noting the implementation of digital systems to streamline the loan application process and ensure compliance among the parties involved. It also points out the absence of specific legal regulations for these contracts, highlighting the need for the creation of specialized legislation and the improvement of legal frameworks to keep up with technological progress and provide adequate protection for all parties involved. Utilizing a descriptive methodology, the study collects data from legal and financial literature and analyzes the pertinent laws and regulations for each loan type, offering valuable insights into the regulation and application of these contracts amid the effects of digitization and technology.

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Digitization and Laws Related to Loans: A Comparative Study Between Bank Loans, Mortgage Loans, and Syndicated Loans

  • Yasar Alhiniti,
  • Muhammad Nader Doshan Al-Madi,
  • Abeer Mazen Alamayreh

摘要

This research differentiates bank loan contracts from other similar agreements, like syndicated loan contracts and mortgage loan contracts, by examining their similarities and distinctions. It evaluates the characteristics of each loan type while emphasizing the differences in involved parties, aims, and legal ramifications. Key findings reveal that a bank loan contract is defined by a direct relationship between the bank and the client, serving multiple purposes. Conversely, a syndicated loan contract necessitates collaboration among several banks to facilitate a substantial loan, coordinated by a lead bank. On the other hand, a mortgage loan contract is centered on financing real estate endeavors backed by specific property guarantees. Furthermore, the study addresses the influence of digitization and technology on the management and structuring of these loans, noting the implementation of digital systems to streamline the loan application process and ensure compliance among the parties involved. It also points out the absence of specific legal regulations for these contracts, highlighting the need for the creation of specialized legislation and the improvement of legal frameworks to keep up with technological progress and provide adequate protection for all parties involved. Utilizing a descriptive methodology, the study collects data from legal and financial literature and analyzes the pertinent laws and regulations for each loan type, offering valuable insights into the regulation and application of these contracts amid the effects of digitization and technology.