P2P network leasehold, campus is naked borrow, cash is borrowed waited for a problem to cause everybody to close to oppugn and discuss plan is legally to loan. Silver-colored inspect can indicate high attention and intensity, released 7 documents continuously in 10 days, exterior superintend in-house operation to raise a lot of requirement, involve a service hypostatic economy, superintendency punishment, prevent control a venture, make up for superintend short board wait for many respects. Among them, borrow with punish campus about clearing, cash is borrowed wait for illegal conduct to put forward to fulfil.
What loan gets legal protection?
How much does law of loan interest rate set?
Exceed a part to need not pay interest?
Figure out above all, is those who get legal protection leasehold what is there?
Basis " civil code general rule " the 90th regulation: "Legitimate leasehold concern suffers law to protect " . What is lawful? Lender knows perfectly well borrower is for gamble, wind cast, smuggling tortious and loan, do not attribute normal and leasehold significance, law does not grant to protect.
Accordingly, lender ignores the intent of clear borrower, if borrower uses borrow or lend money at illegal activity, borrower cannot when reimbursement, lender gets borrower the court, also cannot recapture capital or accrual.
One, illegal and leasehold
As above, if the leasehold capital of foregone borrower uses act of Yu Fei law: Drugs of old-style Chinese private bank of gamble, underground, smuggling, buying and selling, traffic the activity such as false coin, this kind leasehold relation won't be protected by law, the accrual that even if agreed in receipt for a loan, borrower can bilk Zhang not to pay, OK still refuse payment capital. Be in an unfavorable situation will be him lender, close not to return accrual responsibility small, compensate hardship gains the capital job that come big.
2, between relatives and friends leasehold
Between kin friend leasehold, if amount is lesser, do not hamper everybody's life, it is oral agreement commonly, be familiar with in view of each other also do not agree accrual. But if be big borrow or lend money, have those who write receipt for a loan is necessary.
Receipt for a loan and IOU have what distinction
Receipt for a loan is borrower the loan that issues to lender is written proof, prove both sides established loan contract relationship.
The IOU shows both sides still has not the debt of reimbursement concerns, do not represent have leasehold concern. The payment for goods that defaults for example belongs to debt.
3, the receipt for a loan that does not have definite agreement
In receipt for a loan, if do not have those who make clear conventional accrual, this accrual does not get legal protection
Basis " contract law " the 196th: "Loan contract is borrower to usurer loan, expire return the contract that return borrow or lend money and pays interest. " mention expressly loan sort, money is planted, of the clause such as utility, amount, interest rate, deadline and reimbursement means " receipt for a loan " a kind also be loan contract, get legal protection.
But if " receipt for a loan " in did not make clear conventional accrual, basis " contract law " the 211st: "The loan contract between the natural person is ambiguous to paying to accrual did not agree or agree, regard as do not pay interest. Regard as do not pay interest..
4, exceed the interest that law provides
According to newest " top people court about trying statute of comfortable use of civilian leasehold case the regulation of a certain number of problems " , 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.
So, face monthly interest to exceed the loan of 3% , the interest that exceeds a share need not pay. But, if connect monthly interest,this tall loan dare borrow, believing is not capital actual strength huge person is a bit accrual pay the pitiful creature that does not have.
5, behead ceases
Behead breath is to point to normally put usurious or the person that is subterranean old-style Chinese private bank, in the loan fund in borrower, deduct the money of all accrual ahead of schedule. So, normally loan person the loan fund that obtains is deficit normally.
Basis " contract law " the 200th regulation: "The accrual of borrower is not gotten with before deduct in capital. Accrual deducts in capital beforehand, ought to return according to amount of real borrow or lend money return borrow or lend money and computational accrual.
Deduct all interest ahead of schedule above all, be suspected of breaking the law. Additional, after already deducting sum interest, if encounter borrower to shift to an earlier date reimbursement, the interest that borrower needs to pay day of real borrow or lend money number only can, do not need to pay so called sum interest in how, the interest that deducts more can call in legally.
Fat racoon dog congratulates beforehand everybody to to disembark at an early date here!
