A lot of people in the life for capital have enough to meet need, loan of the choice when buying a car buys a car, also have detain car has after entire section buys a car or not mortgage vehicle borrows money, the car mortgages loan is with borrower or the car of the 3rd person or the loan that buy a car to serve as pawn to consume finance company to obtain to financial orgnaization or car oneself. Current, serve as the utility of the loan of pawn with the car, basically be fast capital have enough to meet need.
Does the car mortgage loan still does not form bilk?
If do not press an agreement to repay,borrow money do not belong to bilk, but attribute action of break a contact, need undertakes corresponding responsibility of breach of contract.
Relevant law sets:
1, obligation of contract of nonperformance of party one party perhaps fulfills contract obligation not to accord with an agreement, ought to assume continue to fulfill, take remedial action perhaps compensates for the responsibility of breach of contract such as the loss.
2, party one party expresses clearly or show with oneself behavior nonperformance contract is compulsory, the other side can ask before at the expiration of one's term of office of deadline for performance its undertake responsibility of breach of contract.
After all, car loan attributes action of economy of a kind of folk, the car borrows what basically still do not involve is civilian economy dispute, won't rise to the height of crime. Nevertheless, once owe the person's behavior to be maintained to be loan bilk, can be imprisoned so.
The cognizance standard of loan crime of fraud:
1, at the beginning of application car is borrowed, it is a purpose with detinue, namely the plan; that loan initial stage does not have reimbursement
2, the behavior; of the practise fraud of application material existence that files a car to borrow place to use
3, involve did not return amount tremendous, if just thousands of yuan did not remand, also do not calculate loan bilk. Involve amount 10 thousand yuan of above ability is OK.
Exceed the time limit of car mortgage loan is sequential:
Finance company and bank still have certain distinction, the bank borrows money not reimbursement, the commonnest also is to the individual credit causes an effect. But finance company seldom is met however influential to individual credence, nevertheless, can bring other influence however.
Because be car mortgage loan, so guaranty gave finance company the car, accordingly, borrower if not the word of reimbursement, after loan orgnaization can make the car of borrower the sale directly, use at repaying to borrow money. Before this, loan orgnaization can let borrower reimbursement for many times, urgent reimbursement, during urgent reimbursement, can have the generation that certain interest expends, this accrual is to punish breath, taller, the reimbursement pressure of borrower can increase during this.
Do a car to mortgage loan is handled more easily relatively through finance company, but borrower must not put fluky psychology not reimbursement, finance company has a plenty of method to let his not " lose money in business " . After use car mortgages, loan cannot remand, the bank can request a court to be auctioned lawfully, sell off this car, the money paid for something purchased or received for something sold with this car is preferential obtain pay off. Besides, car everybody does not have other responsibility.
