Loan still is done not have in one's hand, does the net borrow platform to you can take arbitration of reimbursement of exceed the time limit to adjudicate on? Court: Be no good
Because national banking superintendency policy is rigid with each passing day, p2P net borrows platform to be an operation more convenience, often arbitrate through the setting in the agreement is being borrowed in the net clause (can eliminate a court administer) achieve the forensic proceeding goal with strict avoid.
And the new-style and arbitral business that the arbitral orgnaization that fitly the part is eager to extending business developed a kind meticulously to be called " Xian Yuzhong to cut " into parts, begin collaboration with network platform. Carry this kind of new-style and arbitral business, borrower is signed, fulfill a network can be asked to cooperate a net borrow platform to arbitrate to these the orgnaization applies for to be made ahead of schedule when leasehold contract " arbitral mediation book " or " arbitral adjudication book " , when reimbursement of borrower exceed the time limit, arbitral orgnaization can make according to shifting to an earlier date " arbitral mediation book " or " arbitral adjudication book " open " become effective proves " , borrow platform to apply for to be carried out compulsively to people court directly for the net. Do the biggest gain to be able to be namely when reimbursement of borrower exceed the time limit so, both neither uses the arbitral program with trival repass or forensic proceeding, can avoid borrower to offer contradictory reason again, improve the efficiency that seek a fund.
Such doing seem to was not disobeyed be in debt the sense that returns money, but lawful really, reasonable?
2017 second half of the year, the web that Guangdong's provincial intermediate people court accepted " of a batch of courses to grant to arbitrate " is tried first in succession is borrowed chase after a paragraph to carry out a case compulsively (carry out compulsively arbitrally must classics court) , report Guangdong in time to save High Court, guangdong saves High Court to was mirrorred to top people court in April 2018. Top people court thinks, borrower has not take loan to although take,perhaps arrive loan but had not happened default, arbitral orgnaization falls to be tried ahead of schedule in this kind of circumstance and make " arbitral mediation book " or " arbitral adjudication book " , belong to dispute to did not happen to hear a case, disobeyed " arbitral law " regulation.
Final, the supreme court the 1740th times by adjudgement committee this month the conference is passed " top people court cuts " adjudication into parts to perhaps mediate book end case about Xian Yuzhong of arbitral orgnaization " , carry out wait for law the give an official of applicable problem " , clear " Xian Yuzhong cuts " into parts to break the law, the court does not grant to accept or the ruling rejects the executive application of this kinds of case.
That is to say, legislative of supreme court exercise, made judicatory explanation deny " Xian Yuzhong cuts " into parts the lawful sex of this kind of new invention.
Finally, the summit watchs a person to want to say: The network is leasehold trap is much, a single slip may cause lasting sorrow!
