Borrowing legal issues, borrowing legal knowledge

1. In principle, the loan requires written evidence, of course, if there is no written certificate, but the borrower admits or has other evidence to prove the existence of the loan, the borrower must also bear the obligation to repay.

2. If the agreed interest of the loan is high, the part higher than the statutory interest shall not be protected, but the principal and the part lower than the statutory interest shall be repaid.

3. If the loan is not repaid, the lawsuit shall be filed within the statute of limitations. If the agreed repayment period is agreed, the statute of limitations is two years from the repayment period. If no repayment period has been agreed, twenty years from the date of borrowing.

1. If there is no written evidence, but it can be proved by other aspects, such as the other party's admission and other witnesses, etc., it can be determined as a valid loan--- the law has no clear provisions, mainly the basic principles of the Civil Procedure Law--- whoever asserts the claim shall provide evidence, as long as you can provide evidence, it is OK.

2. According to the General Principles of the Civil Law and the judicial interpretation of the Supreme People's Court, the interest rate of private lending may be agreed, and the interest rate shall not be higher than four times the loan interest rate of the People's Bank of China in the same period.

3. If there is a clear repayment period, the statute of limitations is 2 years from the date of expiration; If there is no clear repayment period, then the creditor can claim repayment at any time--- and the debtor can also demand repayment of the debt at any time, so that the statute of limitations is 2 years from the date of claim, if everyone claims, the maximum protection period is 20 years from the date of occurrence of the loan, and the suspension or interruption of the statute of limitations does not apply to this 20 years.

1. Since the burden of proof of this legal relationship is the party asserting the establishment of the loan relationship, if there is no evidence (including all evidentiary materials such as human and physical evidence) that can prove the fact of the loan, it will bear the legal consequences of losing the lawsuit.

2. For private usury, the law only recognizes that the loan interest is less than 4 times higher than that of the bank in the same period, and the excess part is invalid.

3. The lawsuit may be filed within 2 years from the date of expiration of the agreed debt repayment period or a reasonable grace period. If there is no agreement, the maximum period is 20 years, that is, 20 years from the date of establishment of the loan relationship.

1。There is no written proof of borrowing, I understand that if there is no IOU, the law is not protected, unless you can prove the fact of borrowing, in civil law, this is called who asserts who bears the evidence, or the other party admits that he borrowed money from others, of course, it is still in writing, insurance.

2。The law stipulates that the private interest rate can be four times higher than the bank interest, and this law is protective.

3。If you have agreed on a date for the repayment, it will be calculated from the date of maturity for a period of two years If you have not agreed, then you can ask the other party to repay at any time, but you must give the other party a reasonable preparation period, which is calculated from the date of expiration of the preparation period, and the period is two years.

Legal analysis: Article 680 of the Civil Code stipulates that "usurious lending is prohibited, and the interest rate of the loan shall not violate the regulations of the national nuclear department." At the same time, according to Article 6 of the Supreme People's Court's Several Opinions on the Trial of Loan Cases by the People's Courts:

The interest rate of private loans can be appropriately higher than the interest rate of Yingsheng Bank, but the maximum shall not exceed four times the interest rate of the same type of bank loan (including the interest rate principal). At the same time, this article stipulates: "Where there is no agreement on the payment of interest in the loan contract between natural persons or the agreement is not clear, it shall be deemed that no interest shall be paid."

If there is no agreed interest on the loan between citizens, the lender is not entitled to receive interest.

Regarding the period for payment of interest, "the borrower shall pay interest in accordance with the agreed period". In real life, the borrowing between citizens is often not so clearly agreed. According to the relevant provisions of the Civil Code, the borrower and the borrower may reach a supplementary agreement, and if the parties are still unable to determine the time limit for paying the interest, according to Article 574 of the Civil Code:

If the loan period is less than one year, it shall be paid together with the return of the loan, and if the loan period is more than one year, it shall be paid at the end of each year, and if the remaining period is less than one year, it shall be paid together with the return of the loan."

Legal basis: Civil Code of the People's Republic of China Article 667 A loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity and pays interest.

Legal analysis: issues that should be paid attention to when borrowing: 1. The loan should be legal; 2. It is best to sign a written agreement; 3. When the borrower fails to repay the loan on time, it should sue in time; 4. Require the other party to provide a guarantee or require a third party with a certain economic capacity to be its witness in Baochaichun; 5. The interest rate of the interest-bearing loan shall not exceed 4 times of the interest rate of the same type of loan of the bank.

Legal basis: Civil Code of the People's Republic of China Article 667 A loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity and pays interest. Article 66 The loan contract shall be in written form, unless otherwise agreed upon by natural persons.

The content of the loan contract generally includes the type of loan, currency, purpose, amount, interest rate, term and repayment method.

Summary. The following legal issues should be paid attention to in loan contract disputes:

1. The identification of IOUs and IOUs and the establishment of the loan relationship. For example, the name in the IOU, multiple IOUs and general notes, IOUs under duress, transfer receipts as evidence, etc.

2. Identification of the entity responsible for lending. For example, the legal representative issues an IOU, a blank receipt and a loan liability, a determination of a husband and wife's personal loan, and an inheritance of the loan creditor's rights.

3. Delivery of the money under the loan contract. Such as principal withholding interest, IOU and payment delivery, receipt and payment delivery.

4. Interest rate and interest on the loan contract. For example, the determination of compound interest, the calculation of overdue interest, the determination of overdue interest rate, the determination of overdue interest base, and the determination of liquidated damages.

5. Repayment of loans and transfer of creditor's rights. For example, the burden of proof of repayment, the determination of the repayment clause, the recording certificate of repayment, and the notification of the assignment of creditor's rights.

6. Statute of limitations, jurisdiction and evidence. If the statute of limitations has expired, the recording certificate has been collected, the temporary residence certificate and jurisdiction, and the place of contract performance and jurisdiction.

7. The validity of the inter-enterprise loan contract. For example, the effectiveness of inter-enterprise loans, the loans of enterprises' own funds, the loans of ** investment companies, the occupation fees of invalid corporate loans, and the invalid interest of corporate loans.

Know about loan disputes and legal issues.

The following legal issues should be paid attention to in loan contract disputes: 1. The determination of IOUs and IOUs and the establishment of the loan relationship. For example, the name in the IOU, multiple IOUs and general notes, IOUs under duress, transfer receipts as evidence, etc.

2. Identification of the entity responsible for lending. For example, the legal representative issues an IOU, a blank receipt and a loan liability, a determination of a husband and wife's personal loan, and an inheritance of the loan creditor's rights. 3. Delivery of the money under the loan contract.

Such as principal withholding interest, IOU and payment delivery, receipt and payment delivery. 4. Interest rate and interest on the loan contract. For example, the determination of compound interest, the calculation of overdue interest, the determination of overdue interest rate, the determination of overdue interest base, and the determination of liquidated damages.

5. Repayment of loans and transfer of creditor's rights. For example, the burden of proof of repayment is clear, the determination of the repayment slip, the recording proves the repayment, and the notice of the assignment of creditor's rights. 6. Limitation period, jurisdiction and evidence.

If the statute of limitations has expired, the recording certificate has been collected, the temporary residence certificate and jurisdiction, and the place of contract performance and jurisdiction. 7. The validity of the inter-enterprise loan contract. For example, the effectiveness of inter-enterprise loans, the loans of enterprises' own funds, the loans of investment companies, the occupation fees of invalid corporate loans, and the invalid interest of corporate loans.

The eldest brother borrowed his father and became the person subject to execution for some reason, and today he received the execution letter to seize his father's property, and he wants to solve it.

What information to go to which branch of the court to submit.

Querying, please wait.

Your father filed an objection to the execution. It shows that there was an error in the court's seizure and that it should be unsealed.

It is recommended that you appoint a lawyer.

1. A loan is different from an arrears, if there is no agreed repayment period for the loan, the statute of limitations shall be calculated from the time when the creditor notifies the debtor to repay the loan and the notice of repayment expires, and the statute of limitations is two years.

2. A lawsuit filed after the statute of limitations merely loses the right to prevail and its claim should not be upheld, but the prosecution should not be dismissed if the procedure is lawful and the conditions for filing a lawsuit are met.

Lawyer's professional analysis:

According to the provisions, if the loan does not have an agreed repayment period, the statute of limitations shall be calculated from the time when the creditor notifies the debtor to repay the loan and the notice of repayment expires, and the statute of limitations is two years.

Notice on March 22, and set aside 10 days, 10 days later, it happened to be April 2, so the statute of limitations was postponed for two years, and what exceeded the statute of limitations was the court's judgment rejecting the claim, not a ruling!

Do you understand?

d.If Cao sued on or after April 2, 2005, the court should rule to dismiss his claim.

The time limit given by Cao was April 2, 2003, and the statute of limitations for the loan was two years from the date of repayment stipulated by Cao, that is, before April 2, 2005. Cao's lawsuit after April 2, 2005 exceeded the statutory statute of limitations, so the court rejected the litigation claim, and the dismissal of the lawsuit was due to the fact that the subject of the litigation was not qualified and was not within the scope of the court's acceptance of the case.

The relevant laws and regulations are the Contract Law of the People's Republic of China

Article 197: Loan contracts shall be in written form, unless otherwise agreed upon between natural persons.

The content of the loan contract includes the terms of the loan type, currency, purpose, amount, interest rate, term and repayment method.

Article 198 When entering into a loan contract, the lender may require the borrower to provide security. The guarantee shall be in accordance with the provisions of the Guarantee Law of the People's Republic of China.

Article 199 When entering into a loan contract, the borrower shall, as required by the lender, provide the true information about the business activities and financial status related to the loan.

Article 200 The interest on the loan shall not be deducted from the principal in advance. If the interest is deducted from the principal in advance, the loan shall be returned according to the actual amount borrowed and the interest shall be calculated.

Article 201: Where a lender fails to provide a loan on the agreed date and amount, causing losses to the borrower, it shall compensate for the losses.

If the borrower fails to collect the loan on the agreed date and amount, it shall pay interest on the agreed date and amount.

Article 202 The lender may, in accordance with the agreement, inspect and supervise the use of the loan. The borrower shall provide the lender with relevant financial and accounting statements and other materials on a regular basis in accordance with the agreement.

Article 203 If the borrower fails to use the loan in accordance with the agreed purpose of the loan, the lender may stop disbursing the loan, withdraw the loan in advance, or terminate the contract.

Article 204 The interest rate on loans of financial institutions handling loan business shall be determined in accordance with the upper and lower limits of the loan interest rate stipulated by the People's Bank of China.

Article 205 The borrower shall pay interest within the agreed time limit. Where there is no agreement on the time limit for the payment of interest, or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 61 of this Law, and the loan period is less than one year, it shall be paid together with the return of the loan; If the loan period is more than one year, it shall be paid at the end of each year, and if the remaining period is less than one year, it shall be paid together with the return of the loan.

Article 206 The borrower shall return the loan within the agreed time limit. Where there is no agreement on the term of the loan or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 61 of this Law, the borrower may return it at any time; The lender may demand the borrower to return it within a reasonable period of time.

Article 207 Where the borrower fails to repay the loan within the agreed time limit, it shall pay overdue interest in accordance with the agreement or the relevant provisions of the State.

Article 208 Where a borrower repays a loan in advance, interest shall be calculated according to the actual period of the loan, unless otherwise agreed by the parties.

Article 209 The borrower may apply to the lender for an extension of the loan period before the expiration of the repayment period. If the lender agrees, it can be extended.

Article 210 A loan contract between natural persons shall take effect when the lender provides the loan.

Article 211:Where there is no agreement on the payment of interest in a loan contract between natural persons or the agreement is not clear, it shall be deemed that interest is not paid.

Where the loan contract between natural persons stipulates the payment of interest, the interest rate of the loan shall not violate the provisions of the state on restricting the interest rate on borrowing.

A still has to pay back B's money. Because A borrowed money from B, it is a loan relationship between A and B, although C has introduced or helped C, unless C borrows money from B and then lends it to A. According to the relativity of the contract, A still has to repay B's money, and after repaying the money, A can claim undue power from C and demand return, and at the same time, he can claim the loss of interest because C has committed malicious fraud.

July 5, 2012 is the expiration of the loan term, indicating that A has the obligation to repay your money, and by December 3, he has not repaid the money, you will ask A for money by virtue of the article, if the recovery fails, you can sue the court, the statute of limitations for suing the court is 2 years, that is, from December 4, 2014, if you go to the court to sue, A can defend that the statute of limitations has expired, and you can not pay it back in law, but in fact, you also have the right to take the money after he returns.