Can the principal who entrusts the bank toissue a loan directly sue in their own name? -- Answers to Several Difficult Issues Concerning Foreign-related Commercial Trials (Part Two) (8)

Answer: The rights and obligations betweenthe principal of the entrusted loan and the entrusted bank shall be governed by the provisions of the Contract Law on the entrusted contract. Since the entrusted loan contract specifies the actual principal, the borrower of the entrusted loan contract should be aware of the entrusted relationship between the principal and the trustee when signing the contract. If the loan is not recovered in a timely manner, the principal may file a lawsuit in its own name in accordance with Article 402 of the Contract Law of the Republic of China.