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1. If the seller breaches the contract, the compensation is 20 times 2 = 40 yuan, and the overpaid deposit is 80-20 = 60 yuan, which will be refunded.
2. The time when the principal and interest of the debt are paid off --- involves the issue of the statute of limitations.
A owes B $10,000, and C is the guarantor, and the guarantor bears the guarantee liability until the principal and interest of the principal debt are paid off.
aEvery time it is a disgusting person who returns a hundred or two hundred. Then, as long as A does not pay off, C's guarantee obligation exists, and B can directly sue C and demand C to repay it in a lump sum.
3. The date of expiration of the performance period is the last day of the repayment time agreed by the debtor's creditor.
4. No, you cannot! Because it's not unjust enrichment!
Unjust enrichment refers to:
One of the parties must be the beneficiary and the other must be the victim.
There must be a causal link between the beneficiary's receipt of the benefit and the victim's injury.
There is no legal basis for the beneficiary to obtain the benefit, i.e. there is neither a legal nor a contractual basis, or there was a legal basis for it, but this legal basis is subsequently lost.
Just as the statute of limitations has expired in a private lending case, the obligee's creditor's right has not been lost, but only the claim.
The right of the people's courts to protect creditor's rights.
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Double compensation, beyond the statute of limitations, is sufficient.
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1. Pay a deposit of 80 yuan, that is to say, the deposit is 20, and the other 60 yuan is the price, so the deposit is double reverse principle, and the compensation is 40
2. "Until the principal and interest of the main debt are paid off" does not mean that the debtor must pay it off, but that as long as the principal and interest of the debt are not paid off, your guarantor must always bear the guarantee liability. "Date of expiration of the performance period" - right.
3. No, although the statute of limitations has expired, but you have previously recognized it, then the creditor's realization of the creditor's rights is legal and reasonable, not to mention unjust enrichment.
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1. If the creditor transfers its rights, it shall notify the debtor. Without notice, the assignment is not effective against the debtor. Notice of the assignment of rights by a creditor may not be revoked except with the consent of the assignee.
2. If the creditor transfers the right, the transferee obtains the subordinate right related to the creditor's right, except that the subordinate right is exclusive to the creditor itself. 3. After the debtor receives the notice of assignment of creditor's rights, the debtor may assert against the assignee the defense of the transferor. 4. When the debtor receives the notice of assignment of creditor's rights, if the debtor has a creditor's right against the transferor, and the debtor's creditor's right matures before or at the same time as the assigned creditor's right, the debtor may claim set-off against the assignee.
1. If the debtor transfers all or part of the obligations of the contract to a third party, it shall obtain the consent of the creditor. 2. If the debtor transfers its obligations, the new debtor may assert the original debtor's defense against the creditor. 3. If the debtor transfers the obligation, the new debtor shall bear the subordinate debts related to the main debt, except that the subordinate debts are exclusive to the original debtor.
4. Where laws and administrative regulations stipulate that the transfer of rights or obligations shall go through formalities such as approval and registration, such provisions shall be followed.
Article 546 of the Civil Code of the People's Republic of China Where a creditor transfers a creditor's right without notifying the debtor, the assignment shall not be effective against the debtor. The notice of assignment of claims may not be revoked, except with the consent of the assignee. Article 547 of the Civil Code of the People's Republic of China: Where a creditor assigns a creditor's right, the assignee obtains a subordinate right related to the creditor's right, except that the subordinate right is exclusive to the creditor itself.
The assignee's acquisition of a subordinate right is not affected by the fact that the subordinate right has not been registered for transfer or has not transferred possession. Article 548 of the Civil Code of the People's Republic of China After the debtor receives the notice of assignment of creditor's rights, the debtor may assert against the assignee the defense of the assignor.
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The first point to pay attention to, of course, is the integrity of the chain of evidence, I have not seen your list of evidence in this regard, according to your description, there is an IOU, but there is no fingerprint and ID number - whether the other debtor has signed and sealed, or other evidence that can prove the authenticity of the IOU.
In addition, it is a ** recording, and the recording must be put into the chain of evidence to prove its authenticity.
The second is the statute of limitations, which must ensure that there is an interruption of the statute of limitations, that is, the claim has not exceeded the statute of limitations, otherwise it will be very troublesome for the other party to raise an objection.
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Hello, the evidence of the three loans is supported by IOUs, which can confirm the establishment of the private lending relationship. The problem of mobile phone recording, if the mobile phone can be repaired, it can be submitted as evidence, but it should be noted that it needs to be able to be on the original mobile phone, and the recording evidence needs to be submitted to the original recording carrier. IOUs are the most valid evidence available, and there is no need to worry even if there is no other evidence.
The absence of a handprint on an IOU does not affect the validity of the IOU, and the absence of an ID number does not affect the filing of the case, but the ID number needs to be provided by the court when the case is executed. Looking at it now, the most troublesome thing is that the other party is already a lai, and it may be that even if the other party is sentenced to repay the loan, the other party has no property to enforce, so the only way to file a case first and enter the enforcement procedure as soon as possible, and wait for the other party to have property and give priority to participating in the distribution.
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Correct the mistakes on the first two floors.
1. If the statute of limitations expires, the court will accept it, and the other party can raise an objection.
2. When you urge you to repay the money, the statute of limitations will start anew. As long as you have been urged to pay back the money in the past two years and have evidence to prove it.
If it has anything to do with it, you can use it as evidence. Whether the evidence is valid or not, the judge will discern.
If you don't have an ID card or a fingerprint, you can also judge that it was written by him through handwriting identification.
It is in your interest that the defendant does not appear in court.
Now that he is a dishonest person subject to execution, the probability that you will get the money back is very small.
Posting on the Internet, it is better to ask about the legal aid provided by the local **, which is free.
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Why do you only think of a lawsuit now? I don't think you need to describe so many things, and you don't have to worry so much, I fought the lawsuit against Lao Lai, and finally got a perfect execution through the court's enforcement division. You're talking about what happened in 2014, so when did the other party promise to repay?
It's 2021, this is your most fatal question, when I was in a lawsuit a few years ago, the statute of limitations for debt disputes was two years, that is, if you don't sue for more than two years, the court will not accept it. Will your official court accept it? Don't fantasize about other details, first call ** and consult your local court to see if the statute of limitations has expired.
If the statute of limitations has not expired, then your evidence should be flawed, but there should be no big problem. If the statute of limitations has expired, you will have to find the debtor to reissue the IOU.
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After borrowing money, you have to pay it back.
You are permanently unable to repay. If it is permanently unable to repay, it can only be repaid with the debtor's existing personal property, which must be heard by the court, make a judgment, and then put into enforcement, that is to say, the creditor will take as much as the debtor's personal property can be enforced. At present, it seems that you have missed the best time to file a lawsuit or apply for enforcement.
In addition, if the borrower is unable to repay the debt, you have no right to demand that the family repay the debt, but if you can prove that the debt is a joint debt of the husband and wife, the creditor can ask one of the spouses to bear it. That is, he borrowed money before the divorceThe debt is a debt borrowed during the marriage or the creditor can prove that the debt was actually used for the life of the husband and wife
For more specific details, you should consult a professional lawyer, and the so-called professional profession has a specialty, rather than wasting time here.
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