The loan agitation of whole now society grows in intensity, various loan software emerge in endlessly. Although say small loan is convenient and quick. But small loan also is put in the risk with bigger move, classics regular meeting poses loan issue. Below small make up everybody to introduce in detail.
Small the characteristic of loan1, the procedure is simple, put borrow a process fast, procedure is simple;
2, reimbursement way is quick;
3, loan range is wider;
4, sale mode is agile;
5, small quality of finance company loan is high;
When the first lender is sued to people court, ought to offer the creditor's rights proof such as receipt for a loan, receipt, IOU to be able to prove the evidence that leasehold legislation impact exists with etc.
The 2nd leasehold both sides is fulfilled with respect to the contract the ground did not agree or the agreement is ambiguous, after the event did not reach compensatory agreement, according to the contract concerned clause perhaps trades the habit still cannot decide, fulfill the ground in order to accept seat of monetary one party for the contract.
The 3rd borrower considers individual benefit only, do not abide by a contract, after the contract expires, paid return ability to default debt to be not returned however. Unit of some enterprises, department changes often legal representative, also make bank to who it is borrower cannot be judged, create issue.
The 4th borrower runs lose money in business, return ability without countervail, also can not offer executive property, additional, loan avoids liability artificially, go out work, do not have exact address and bring about debt to cannot remand, credit agency also is absent for what this sues a few.
Knowledge of law of the 5th security is defective, have reimbursement capacity, refus does not assume sponsorial obligation, because this kind of case all has security, and security is more than, cannot remand on schedule when borrower when loan, according to " assure law " regulation, carry reimbursement responsibility with respect to the agree as the guarantor that assures jointly, but great majority security, the legal knowledge of this respect is defective, lane is not clear assure commonly distinguish with what assure jointly, think borrower should first reimbursement, create issue.
The 6th loan square because of force majeure or contingency, fulfill contract difficulty. In case of loan contract dispute, a few enterprises cause a company as a result of force majeure or contingency severe loss, endowment not pay a debt in kind or by labour, insolvent loan.
The 7th loan just examines a system lax. Illegal element seizes the opportunity exploit an advantage, use false proof, illicit quarter other seal, forge the method diddle country such as the formalities that keep a person to borrow money.
When court of １ , people examines the prosecution of leasehold dispute case, maintain the principle of whose quote according to who, requirement accuser provides written receipt for a loan; Do not have written receipt for a loan or cannot offer, should provide the witness testimony of necessary factual foundation or the two people above that do not have interests with oneself, will support oneself view, will bear the consequence that lose a lawsuit otherwise.
2, the provision that explains according to relevant law laws and regulations and judicatory, folk's leasehold interest rate is top must not exceed bank interest rate 4 times (contain interest rate to be counted originally) . Those who exceed this limit, the interest that exceeds a share does not grant to protect lawfully. Leasehold both sides produces controversy to conventional interest rate indemonstrable, can consult afore-mentioned compasses devise a stratagem cease.
3, set according to contract law, lender is not gotten will accrual plan seeks usurious into capital, borrower discovers in cognizance will accrual plan enters capital computation compound interest, return gold of repayment of capital only; Leasehold both sides produces controversy without conventional interest rate to having, indemonstrable, can consult the bank is congener loan interest rate plan breath.
4, lender is known perfectly well is to have illegal activity and of loan, its are leasehold the relation does not grant to protect. Leasehold to bilateral irregularity behavior, scores because of loan illegal gain gives capture.
5, the basis assures law, in leasehold relation, have the connection, person that introduces action only, do not assume assure responsibility. To debt fulfill have those who assure a meaning truly and sign inside sponsorial column, of affix one's seal or making clear is guarantor, should maintain for guarantor, assume assure responsibility.
6, the receipt for a loan that issues with the name of borrower for the person all right is acting its loan, borrower does not admit, behavior person indemonstrable, assume reimbursement responsibility by behavior person.
7, during pool, the nominal loan that the individual organizes with partnership, be used at pool, repay jointly by copartner; Indemonstrable loan uses borrower at pool, repay by borrower.
8, possible to debtor move, sell off, hide the worth that concerns with the case, court but the application according to party or adopt according to powers and authorities of office close down, sequestered, freeze, instruct offer assure wait for belongings to conserve measure. The belongings that is conserved is those who produce a material, should instruct an applicant to offer assure. Belongings conserves according to be being conserved the property of belongings uses appropriate means, reduce the effect of pair of production, life as far as possible, avoid to cause belongings loss.
9, can use to extend litigant effectiveness for a given period of time postal " express delivery " send the letter that seek a fund ceaselessly, mail receipt sheet must make clear sent content clearly, be like " requirement reimbursement 10 thousand yuan case " , " requirement security is assumed assure the case of responsibility " , OK also the phone urges a fund and recording.
10, the receipt for a loan that issues with the name of borrower for the person all right is acting its loan, borrower does not admit, behavior person indemonstrable, assume civil responsibility by behavior person. If loan department is used at husband and wife to live jointly, repay jointly by both sides of husband and wife.
11, during pool, the nominal loan that the individual organizes with partnership, be used at pool, repay jointly by copartner; Indemonstrable loan uses borrower at pool, repay by borrower.
12, problem of litigant effectiveness for a given period of time. Need attention: Loan does not have conventional reimbursement deadline, creditor can offer reimbursement view at any time, do not accept the restriction of effectiveness for a given period of time of two years of lawsuit, but after putting forward reimbursement to advocate did not continue to advocate inside two years, regard as exceed litigant effectiveness for a given period of time, law does not grant to support.
13, after effectiveness for a given period of time of more than two years of lawsuit, after borrower promises reimbursement not approbatory, the court adjudicates borrower continues to perform reimbursement duty.
Borrow bring a net: Domain of dedicated loan safety is relevant knowledge.Basically involve: The net is borrowed, the individual goes bankrupt, force is urged close, mechanism of real case, public security handles way normally, legal policy, the net borrows an orgnaization to comment on wait for a respect. Have loan worry, attention is borrowed install a net to get exclusive top-secret data freely.
(want to borrow friend to discuss loan to puzzle a problem jointly with number, add V letter please: Daian51)
