After publishing judicatory of civilian leasehold case to explain from highest courtyard, a lot of people pose such quandary to the author: Civilian leasehold party agreed already in the contract accrual of exceed the time limit, agreed again penalty due to breach of contract, lender whether advocate to the court along with all the others? How much is the upper limit that can you maintain? The author comes on stage according to 15 years of 0 2 highest courtyards " about trying statute of comfortable use of civilian leasehold case the regulation of a certain number of problems " thirtieth knowable, lender can choose to advocate accrual of exceed the time limit, penalty due to breach of contract is other perhaps charge, also can advocate along with all the others, but add up to exceeds annual interest to lead the part of 24% , people court does not grant to support.
One, the client seeks advice:
Excuse me Li Lv division, civilian leasehold interest, how ought to agree be good law provides ability and effective?
2, Li Lv solves:
Civilian leasehold interest, if do not have an agreement, need not pay, if the agreement is unidentified, if be natural person and natural person between leasehold, invalid, if be other and leasehold, in the agreement unidentified circumstance falls, people court can determine an interest rate according to the circumstance.
If the interest rate of leasehold and bilateral agreement did not exceed annual interest,lead 24% , people court should grant to support. If the interest rate of leasehold and bilateral agreement exceeds annual interest,lead 36% , the accrual agreement that exceeds a share is invalid. Borrower requests lender to return the interest that returns prepaid to exceed annual interest to lead 36% parts, people court should grant to support.
Annual interest is led between 24%-36% , have creditor's rights retentivity but without executive force. Debtor has paid, do not belong to undeserved benefit, debtor does not pay, creditor requests to pay, people court does not grant to support.
3, Li Lv is compensatory:
The circumstance with statutory applicable interest rate, " civilian leasehold judicatory explains " the 29th the 2nd (one) stipulate civilian leasehold party is right only leasehold interest agreement is unidentified, and borrow period the interest rate of exceed the time limit that interest rate and interest rate of exceed the time limit did not agree, applicable the statutory interest rate of 6% .
The 26th sets, the interest rate that leasehold both sides agrees did not exceed annual interest to lead 24% , lender requests borrower to pay interest according to conventional interest rate, people court should grant to support. The interest rate that leasehold both sides agrees exceeds annual interest to lead 36% , the accrual agreement that exceeds a share is invalid. Borrower requests lender to return the interest that returns prepaid to exceed annual interest to lead 36% parts, people court should grant to support.
Thirtieth regulation, lender and borrower agreed already interest rate of exceed the time limit, agreed penalty due to breach of contract is other perhaps again charge, lender can choose to advocate accrual of exceed the time limit, penalty due to breach of contract is other perhaps charge, also can advocate along with all the others, but add up to exceeds annual interest to lead the part of 24% , people court does not grant to support.
4, Li Lv sums up:
" civilian leasehold judicatory explains " the regulation that thirtieth set to after ceasing to Fu Li of one's own accord, go back on his word, this is those who prohibit the regulation that oppose talk is applicable. Cease to Fu Li of one's own accord, include to do not have conventional accrual and pay of one's own accord, and agree interest rate pays accrual to perhaps pay penalty due to breach of contract of one's own accord more than, if do not violate convention of public order fine, do not damage the legitimate rights and interests of country, collective, the 3rd person, it is appropriate action, get benefit to advocating below this kind of circumstance lender is undeserved and ask to return return, people court does not grant to support. But, borrower asks lender returns the accrual except that still exceeds annual interest to lead 36% parts.
