If you have a loan, can you settle the loan in advance?

In a private loan contract, can the debtor perform the debt in advance? This issue should be analysed on a case-by-case basis. This is possible if the parties have not agreed on the interest, as this situation is not prejudicial to the interests of the creditor.

However, if the two parties agree on the interest and the borrower returns the loan in advance, the creditor may refuse to repay the loan in advance, because the early repayment will directly reduce the interest income of the loan and damage the interests of the creditor. Refusal to perform early is a right for creditors, who may either preemptively act or waive it. Article 208 of the Contract Law of the People's Republic of China also stipulates that:

If the borrower repays the loan in advance, the interest shall be calculated according to the actual period of the loan, unless otherwise agreed by the parties. "If the creditor agrees to the debtor to repay the debt in advance, the parties may agree on the repayment of interest, but if there is no agreement, the interest shall be calculated based on the actual loan period. This is also in line with the principle of reciprocity and fairness of rights and obligations.

It includes two contents: the first is the time of interest repayment, and the borrower shall pay the interest according to the agreed period. Unless otherwise agreed by both parties, the interest shall be repaid at the same time as the debtor repays the principal.

If the borrower fails to return the loan within the agreed time limit, it shall pay overdue interest in accordance with the agreement or the relevant provisions of the state.

The standard for calculating interest shall be based on the loan period agreed by both parties. In general, it is the period of performance of the loan contract. However, there is an exception in the case of early repayment by the borrower.

According to the first paragraph of Article 71 of the Contract Law of the People's Republic of China, "the creditor may refuse the debtor to perform the debt in advance, unless the early performance does not harm the interests of the creditor." ”

Yes, if I borrow less, I am willing to repay the loan in advance, so that the interest can be less, and I don't have to worry about forgetting to repay.

Borrowers can repay principal and interest early. The borrower shall repay the loan within the agreed time limit, and if the loan is returned in advance, the interest shall be calculated according to the actual period of the loan, unless otherwise agreed by the parties. The interest shall be stipulated in the loan contract, and if the agreement is not clear, the parties may supplement the agreement.

[Legal basis].

Article 667 of the Civil Code of the People's Republic of China provides that a loan contract is a contract in which the borrower borrows money from the lender and returns the loan and pays interest when due. Article 668:The loan contract shall be in written form, unless otherwise agreed upon between natural persons. The content of the loan contract generally includes the type of loan, currency, purpose, amount, interest rate, term and repayment method.

Article 677:Where a borrower returns the loan in advance, the interest shall be calculated according to the actual period of the loan, unless otherwise agreed by the person in charge.

Undue loans can be repaid in advance, but certain conditions must be met, such as:

1. The creditor has evidence to prove that the debtor is unable to repay the loan within the agreed repayment period;

2. The debtor has evaded funds, transferred property, etc., and failed to perform the repayment obligation;

3. The debtor is declared bankrupt.

According to Article 677 of the Civil Code of the People's Republic of China implemented in 2021, if the borrower returns the loan in advance, the interest shall be calculated according to the actual period of the loan, unless otherwise agreed by the parties.

Article 538 stipulates that if the debtor disposes of the property rights and interests without compensation by waiving its creditor's rights, waiving the guarantee of the creditor's rights, transferring property free of charge, etc., or maliciously extends the performance period of its due creditor's rights, which affects the realization of the creditor's creditor's rights, the creditor may request the people's court to revoke the debtor's act of knowing the simplified.

1. Can the invalid transfer of equity be litigated for the right of revocation?

After the malicious transfer of equity, it can fight a lawsuit for a dispute over the right of revocation. If the debtor maliciously disposes of property rights, the creditor may request the people's court to revoke the debtor's acts. If the equity transfer has been changed and registered, the company shall revoke the registration in accordance with the law after the people's court makes a judgment to revoke the act.

Article 538 of the Civil Code of the People's Republic of China stipulates that if the debtor disposes of the property rights and interests free of charge by waiving its creditor's rights, waiving the guarantee of creditor's rights, transferring property free of charge, etc., or maliciously extends the performance period of its due creditor's rights, affecting the realization of the creditor's creditor's rights, the creditor may request the people's court to revoke the debtor's acts.

2. The number of years for the creditor to exercise the right of avoidance.

The time limit for creditors to exercise their right of avoidance is one year. Where the debtor disposes of the property rights and interests free of charge by waiving the creditor's rights, waiving the guarantee of the creditor's rights, transferring the property free of charge, etc., or maliciously extending the time limit for performing the due creditor's rights, affecting the realization of the creditor's rights, the creditor may request the people's court to revoke the debtor's acts. If the right of revocation is not exercised within five years from the date of the debtor's act, the right of revocation shall be extinguished.

According to the provisions of the Civil Code of the People's Republic of China, if the debtor disposes of the property rights and interests free of charge by waiving the creditor's rights, waiving the guarantee of the creditor's rights, transferring the property without compensation, etc., or maliciously extends the time limit for the performance of the due creditor's rights, affecting the realization of the creditor's creditor's rights, the creditor may request the people's court to revoke the debtor's acts. If the right of revocation is not exercised within five years from the date of the debtor's act, the right of revocation shall be extinguished.

Article 6 of the Civil Code of the People's Republic of China imitates Article 177.

If the borrower returns the loan in advance, the interest shall be calculated according to the actual period of the loan, unless otherwise agreed by the parties.

Article 538.

If the debtor disposes of the property rights and interests free of charge by waiving its creditor's rights, waiving the guarantee of its creditor's rights, transferring property free of charge, etc., or maliciously extending the time limit for the performance of its due creditor's rights, affecting the realization of the creditor's rights, the creditor may request the people's court to revoke the debtor's acts.

At present, the online loan with a relatively high reputation is well known, and many users have applied for loans on the loan. And some people will choose to repay the loan early when they have enough money. So some friends want to know, can I still get a loan if the loan is settled early?

Next, follow me to guess and find out.

Can I still get a loan if I settle it early?

It cannot be refinanced. The loan is not a revolving loan, it is a single loan, and after the quota expires, if you need to borrow again, you must submit an application again.

Therefore, it is important to repay the loan on time, and it is difficult to refinance after the deadline. The success rate of borrowing again is a little higher than that of others, but it is not 100% successful.

Why can't I borrow if I settle my loan early?

1. Routines. In recent years, the online loan industry is using this routine, can not borrow at any time want to borrow, as long as the repayment, the possibility of failure to borrow is very high, if you repay in advance, then it is easier to ** road, early settlement means that you are not so short of money, and it is possible to settle in advance after borrowing, it is better to lend money to people who need it more.

2. Personal qualifications. In the process of borrowing, there may be changes in the customer's information, creditworthiness and loan policy, so there may be a situation of loan failure.

3. The quota has been snatched up. There is a limit to the amount of online loans per day, and only so much can be issued at one time, so if you fail to apply today, you can try again another day.

Therefore, if you want to refinance, you need to re-apply, but you must maintain a good record in order to apply for success again. Here is a reminder to all borrowers who apply for the first time can choose to repay the loan on time in installments to improve the efficiency of capital use, and repay on time in each installment can improve credit.