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民间借贷中，借贷双方有纠纷的，可以通过诉讼的方式解决。那么应该去哪个法院起诉？关于借款合同管辖法院的问题，有约定的遵循约定，没哟约定的，通常由被告住所地或合同履行地法院管辖。下面小编在本文整理介绍相关内容。

借款合同诉讼管辖法院的确定

1、借款合同纠纷由被告住所地或合同履行地法院管辖。

2、通过银行转帐方式借款，当事人能够提供银行的转款证明的，该银行所在地可以认定为合同履行地。另，借款合同中贷款方所在地可以视为合同履行地。

3、当事人在借据或借款合同中有协议管辖的约定，且该约定地点属于被告住所地、合同履行地、合同签订地、原告住所地，不违反级别管辖规定的，该约定有效，确定管辖时从其约定。约定为合同签订地的，该合同中应同时注明合同签订的具体地点，否则视为协议管辖的约定不明确。

法律依据：

根据最高人民法院关于如何确定借款合同履行地问题的批复(1993年11月17日法复<1993>10号发布)答复如下：

合同履行地是指当事人履行合同约定义务的地点。借款合同是双务合同，标的物为货币。贷款方与借款方均应按照合同约定分别承担贷出款项与偿还贷款及利息的义务，贷款方与借款方所在地都是履行合同约定义务的地点。依照借款合同的约定，贷款方应将借款划出，从而履行了贷款方所应承担的义务。

而新颁布的《民事诉讼法》司法解释第十八条第二款规定：

合同对履行地点没有约定或约定不明确，争议标的为给付货币的，接收货币一方所在地为合同履行地。

In private lending, disputes between borrowers and lenders can be resolved through litigation. So which court should I sue? Regarding the issue of the jurisdiction court for loan contracts, if there is an agreement, it should be followed. If there is no agreement, it is usually under the jurisdiction of the court in the defendant's domicile or the place of contract performance. Below, the editor will summarize and introduce relevant content in this article.

Determination of Jurisdiction Court for Loan Contract Litigation

1. Disputes over loan contracts shall be under the jurisdiction of the court at the defendant's domicile or the place of contract performance.

2. If a party can provide proof of bank transfer for borrowing through bank transfer, the location of the bank can be recognized as the place of contract performance. In addition, the location of the lender in the loan contract can be considered as the place of contract performance.

3. If the parties have an agreement on jurisdiction in the promissory note or loan contract, and the agreed location belongs to the defendant's domicile, the place of contract performance, the place of contract signing, or the plaintiff's domicile, which does not violate the hierarchical jurisdiction regulations, the agreement is valid and shall be followed when determining jurisdiction. If it is agreed that the place of contract signing shall be specified in the contract, the specific place of contract signing shall also be indicated in the contract. Otherwise, it shall be deemed that the jurisdiction of the agreement is not clear.

Legal basis:

According to the reply of the Supreme People's Court on how to determine the place of performance of loan contracts (issued on November 17, 1993 by Fa Fu<1993>No. 10), the response is as follows:

The place of performance of a contract refers to the place where the parties perform the obligations stipulated in the contract. A loan contract is a bilateral contract, with the subject matter being currency. Both the lender and the borrower shall bear the obligations of lending and repaying the loan and interest respectively in accordance with the contract. The location of both the lender and the borrower is the place where the contractual obligations are fulfilled. According to the provisions of the loan contract, the lender shall transfer the loan to fulfill the obligations that the lender should bear.

The newly promulgated Judicial Interpretation of Article 18, Paragraph 2 of the Civil Procedure Law stipulates:

If there is no agreement or unclear agreement on the place of performance in the contract, and the subject matter of the dispute is the payment currency, the place where the receiving currency is located shall be the place of performance of the contract.