Shakespeare ever was in " Hamlet " in write: "Do not lend money to others, borrow money to will make you discard to be used to sparely to others. Should not borrow money to give others more, you may lose principal not only, lose a friend possibly also. Lose a friend possibly also..
But the animal that the person is sociality, life is alive, hard to avoid can encounter somebody to lend money to you or when you need a mouth to lend money to others.
Talk about money, always be very pained.
A lot of people because favor, outer part is other perhaps, do not be willing to sign loan contract, feel embarrassed even write receipt for a loan, when ability is regretful when otherwise returns money. The thorniest issue between the world, nothing is more... than this. Give everybody the chance of a nip in the bud now, the note in itemize folk leasehold contract.
Traditional civilian leasehold behavior is more in society of acquaintance of ground consist in, be based on relative, friend, colleague other perhaps human relations in society. Such affinity can bring certain safe sense commonly, the amount of loan is average also not quite, people often is oral go up said to calculate. Here, I think special remind everybody, if you think this is the loan with brushstroke not irrespective also still the other side, that does not have necessary autograph contract.
Lu Xun gentleman once had not said, all do not lend money with what written loan contract is a form, it is behave like a hooligan.
In leasehold behavior, must sign a contract, not certain valve uses receipt for a loan! Want to prevent bilk, the first pace should leave an agreement namely! This is Chongzhongzhi is weighed, it is the measure that cannot omit, even if be a family member!
"Top people court about trying statute of comfortable use of civilian leasehold case the regulation of a certain number of problems" (the following abbreviation sets) when the 2nd lender is sued to people court, ought to offer the creditor's rights proof such as receipt for a loan, receipt, IOU to be able to prove the evidence that leasehold legislation impact exists with etc.
" contract law of People's Republic of China " contract of the 197th loan uses written form, but borrow or lend money is additional between the natural person the except that has an agreement.
Basis " contract law " wait for relevant code, " loan contract " necessary clause has the following:
1, loan is phyletic: Loan sort basically is to press loan utility of square industry property, loan and financing source and the; that apply means to undertake differentiating
2, loan money plants: Namely the sort of loan contract money, interest rate of different monetary sort loan differs somewhat.
3, loan utility: It is the limits that shows loan is used and content, it provided the use way of loan.
4, loan amount: Be how many what point to leasehold money measure.
5, loan interest rate: It is the rate that points to interest of certain period loan and loan principal.
6, loan time limit: It is to show leasehold and bilateral according to concerns a provision, in the loan term of service that agrees in the contract.
7, reimbursement means: It is to show borrower is adopted why to plant settle accounts means returns borrow or lend money return usurer, can use commonly settle and repay group by group in installment.
8, responsibility of breach of contract: It is the legal responsibility that agree of the place when showing party nonperformance contract is compulsory carries. If provision of responsibility of breach of contract was lacked in loan contract, the behavior of break a contact of party lost law to restrain a basis, the right of party lost safeguard, the contract is fulfilled will be affected badly.
9, administer court: Party is in do not disobey level to be mixed administer exclusive below the premise that sets administer, OK and free agreement and loan contract concern administer court. The situation of the because of jurisdictional demur protracted trial schedule in practice is very general, because this agrees,make clear administer very important.
" contract law of People's Republic of China " the content of contract of the 197th the 2nd loan includes loan sort, money to plant, the clause such as utility, amount, interest rate, deadline and reimbursement means.
Country the monitoring to civilian financing is special all the time and strict, and this folk is leasehold one of promulgated purposes also depend on hitting with folk leasehold the behavior of illegal folk financing that is appearance. Accordingly, we must want to remember well: We are not normal finance orgnaizations, do not have the word of civilian financing aptitude, do not have such leasehold activity.
" set " after put on record of court of the 5th people, discover itself of civilian leasehold behavior is suspected of collecting money illegally of crime, ought to rule reject sue, will be suspected of collecting money illegally guilty clew, data moves send public security or procuratorial work mechanism.
Next, cheat us to be remembered well even to prevent, must investigate the flow direction that is clear that oneself borrow contributive gold, must the purpose with leasehold the other side of examine and verify, not blind and leasehold!
" regulation " have one of following state the 14th times, people court ought to maintain civilian leasehold contract to disable: (one) set take fund of financial orgnaization credit usury turns lend borrower, and borrower knows beforehand or ought to know; (2) with to other company leasehold perhaps collect money to this unit worker taking fund turns again borrow borrower to seek profit, and borrower knows beforehand or ought to know; (3) lender knows beforehand or ought to know borrower loan to be used at violating guilty activity to still provide loan; (4) violate convention of fine of social public order; (5) other sex of effectiveness of lawbreaking, administrative regulations is mandatory of the regulation.
Accrual is not the essential part of loan contract, party need not agree accrual. But once agreed, it is clear to must set. 1. Do not pay interest without conventional accrual.
" contract law " the loan contract between the 211st natural person did not agree to paying interest or the agreement is ambiguous, regard as do not pay interest.
" regulation " the 25th leasehold both sides does not have conventional accrual, lender view pays borrow period inside of accrual, people court does not grant to support. Between the natural person leasehold unidentified to accrual agreement, lender advocates those who pay interest, people court does not grant to support. Remove a natural person between leasehold outside, leasehold both sides is unidentified to leasehold interest agreement, lender holds interest, people court ought to combine the content of civilian leasehold contract, and according to place or of party trade means, trade the element such as habit, market money rate defines interest.
To the circumstance with accrual unidentified agreement, " contract law " the regulation regards as do not pay interest; But " regulation " have different regulation to this, people court is OK according to place or of party trade means, trade the element such as habit, market money rate defines interest.
2.Interest rate
No matter what the cost of borrower calls items, want not to exceed the 24% courts that annual interest leads to be protected only, but more than 24% but the share that does not exceed 36% , borrower can be fulfilled of one's own accord.
" regulation " the interest rate that the 26th 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.
Agreed already interest rate of exceed the time limit, agreed penalty due to breach of contract is other perhaps again charge, lender can choose among them, also can advocate along with all the others, but add up to must not exceed annual interest to lead 24% .
" regulation " thirtieth 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.
Get way:
The first pace: Pay close attention to this head lawyer of shellfish of date @ Wang Bei
The 2nd pace: Send illicit letter, get automatically. Key word: Loan contract model
