Numerous practices have shown that the financial assistance provided by the IMF in the early stage of the financial crisis has contributed to the recovery of the local economy to a certain extent. At the same time, the conditional requirements attached to IMF loans have been criticized for lack of respect for economic autonomy. IMF's act of setting loan conditions is different from the signing of contracts in the sense of civil law and is not a legal act in international law because it just conforms to the first two of three elements (expression of will, attribution subject and legal consequence) but does not meet comply with the last one (legal consequence). Although IMF and its member states do not aim at creating right-obligation relationship in the sense of contract law, the act of setting loan conditions under the IMF legal system is the non-consensual expression of will of parties and a quasi-legal act creating legal effect. IMF loan conditions should be regarded as a source of international law because it is not only a "decision" of IMF to ensure the repurchase of loan funds by member countries, but also reflects the rights and obligations under the international law.%众多的实践表明, IMF在金融危机初期所提供的金融援助在一定程度上有助于成员国经济的复苏, 同时, IMF贷款所附加的条件性要求由于缺乏经济自主权的尊重而备受诟病.IMF设置贷款条件的行为不同于民法意义上的合同签订, 其符合意思表示、归因主体和法律后果三个要件中的前两项, 但不符合法律后果这一要件.IMF与成员国在贷款条件问题上虽不旨在创设合同法意义上的权利义务关系, 但IMF法律体系下设置贷款条件的行为是当事方非协议性意思表示且产生法定效果的准法律行为.IMF贷款条件理应上升为国际法渊源, 它不只是IMF为确保成员国回购贷款资金的一项"决定", 更体现了国际法上的权利和义务关系.
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