Though be in debt,returning money is perfectly justified, but a little leasehold relation is not to be based on what build below equal and voluntary requirement, when having even, leasehold relation is signed below the situation that does not understand in him debtor, does such debt also need to repay?
If,leasehold relation should suffer law to protect the most fundamental condition is this relation itself lawful, if leasehold itself breaks the law, so natural and relevant debt also does not get protection, we with respect to the circumstance that will look not to need 3 kinds this to return money below.
1, usurious
According to me " top people court about trying statute of comfortable use of civilian leasehold case the regulation of a certain number of problems " in the 26th the 2nd relevant provision, the interest rate that leasehold both sides agrees exceeds annual interest to lead of 36% , belong to usurious, leasehold relation is illegimate do not get protection accordingly. Annual interest rate is in 24% reach the following, lawful and get protection, when debtor does not return money, creditor can ask the court is carried out compulsively; Annual interest rate is in of 24%~36% , it is lawful but do not get protective range, do not belong to usurious limits namely, but accrual also does not get legal protection.
2, behead ceases
Do not know everybody has knowledge to such leasehold form, say simply, it is creditor receives interest to make sure he is OK, go out the refinance after accrual purify first in capital. E.g. , leasehold 50 thousand yuan, borrow period a year, accrual agreed 5000 yuan, creditor pays 45000 yuan to debtor, ask to put in gold of repayment of capital 's charge after a year next 50000 yuan. Accrual of such leasehold form safeguard also is improper, in forensic court decision, such behead ceases, capital decides according to the amount of real pay.
3, debt partakes
Family, the problem that debt partakes can exist between husband and wife especially, add period is put in marriage inside, the lawful earning of both sides of husband and wife is husband and wife common property, debt is husband and wife joint liability. This does not eliminate other of a few collude to be with illegal and leasehold form when the divorce the likelihood of belongings of diddle the other side. Accordingly, should maintain husband and wife joint liability, must satisfy two requirements, it is bilateral to debt know the inside story and agree, 2 it is debt is used at bilateral life.
One party of husband and wife is leasehold the high spending that is used at oneself, the other side wants to also assume half liability when the divorce, be not supported by the court, do sth without authorization of one party of husband and wife undertakes with spouse name leasehold or assure, the other side not know the inside story perhaps does not agree, the joint liability form that is not approved by the court also is when the divorce, to this kind of debt that partake, without duty just need not use assume repay compulsory.
Say so, of course should return be not all is in debt, everybody is being asked before repay a debt, perhaps be in before signing receipt for a loan, the requirement that still should be clear that this returns money above all closes unreasonable. To above these 3 kinds of money, you need not be returned really!
