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The obligations that need to be owed to others can be divided into monetary obligations and non-monetary obligations.
Debts can also be divided into contractual debts, including debts arising from the establishment, modification and termination of contracts, and tortious debts.
The performance of the debt is the realization of the obligatory right, and the debt and the obligatory right together constitute the content of the debt. There are different types of debts according to different criteria. It can be divided into contractual debts and non-contractual debts according to the occurrence of different debts, single debts and multiple debts due to the number of debtors, joint and several debts according to the debts due to the liability relationship between debtors, and simple debts and optional debts due to the selectivity of the performance of debts.
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No. Differences: 1. Essential differences.
Liabilities refer to the current obligations of an enterprise arising from past transactions or events that are expected to result in the outflow of economic benefits from the enterprise. It's the entire liability part of the balance sheet. A debt is a provision of funds by a creditor to the debtor for interest and a commitment by the debtor to repay the funds at an agreed date in the future.
2. Subordinate distinction. Debt is subordinate to debt, and in general, the money owed to the bank accounts for the main part of the debt financing of listed companies. The proportion of financing from the bond market is relatively small.
The difference between liabilities and liabilities is that the former includes non-borrowing commercial credit such as receivables and payables, while the latter only includes short-term borrowings and long-term borrowings. 3. The starting point is different. Liabilities are the bills and other payables that should be paid in the balance sheet, which are interest-free payments, while liabilities are payments such as external loans, which require the payment of interest and the obligation to repay debts when due, and liabilities also include part of the debts.
Article 670 of the Civil Code of the People's Republic of China 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 671: 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.
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Basic Definition:
1. Borrowing money from others and not paying it back, it is also a metaphor for not doing what should have been done or promised to do it; Due to poor management, the company owes a lot of debt.
2. Money owed or unfulfilled repayment promises.
Consequences of Debt:
1. Non-repayment of debts generally belongs to the scope of civil law adjustment, and the debts shall be paid off if they have the ability to repay but owe debts in bad faith. If it is temporarily unable to repay, the debtor may repay it in installments with the consent of the creditor or the ruling of the people's court. and where they have the ability to repay and refuse to repay, the people's court is to make a judgment to compel repayment.
Only those who refuse to carry out court judgments and rulings fall within the scope of criminal law crackdowns.
2. Article 313 of the Criminal Law of the People's Republic of China stipulates: "Whoever refuses to enforce a judgment or ruling of a people's court if he has the ability to enforce it, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine." ”
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Legal analysis: The arrears note refers to the case that the parties have economic dealings, the creditor claims the debt from the debtor, or shouts after liquidation, the debtor needs to pay the creditor, but in the case that the debtor has no ability to pay at that time or is unwilling to pay in time, the debtor issues a letter of arrears to the creditor with words as proof and written in the form of a banquet.
Legal basis: Article 188 of the Civil Code of the People's Republic of China Claim rights and file a lawsuit with the court within the maximum limitation period of 20 years to demand repayment from the borrower. In the case of a "loan note" indicating the date of repayment, if the debtor fails to repay the loan within the time limit, the statute of limitations shall be three years from the date of the date of repayment.
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1. Debts, owing people money;
2. Debts owed.
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Money owed to someone else or organization.
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