Whether the lender can request early repayment and whether the lender can request early repayment

With the development of social economy, private lending has become more and more common, usually the procedures for private lending are very simple, an IOU or an IOU, and even many are oral agreements, agreeing to repay the loan in one year or two years.

So, if the loan period has not expired, can the lender request early repayment? According to the provisions of the Contract Law, it is generally not supported, but there are exceptions, that is, if the borrower fails to use the loan for the agreed purpose, the lender may require the borrower to repay the loan in advance in accordance with Article 203 of the Contract Law of the People's Republic of China.

In the other case, the borrower clearly states that it will not perform its obligations, and in accordance with the provisions of the Contract Law, the lender may terminate the contract, demand repayment in advance, and require the borrower to bear the liability for breach of contract in advance.

Loan disputes are very common, we should pay attention to the risk of litigation in ordinary times, because most of the loans occur between acquaintances, because of the situation, unwilling to sign a very formal written contract, usually an IOU, in fact, an IOU or IOU also has legal effect, it should be noted that the amount of the loan, the repayment period must be clear, and then sign an additional receipt to prove that the borrower received the loan, in practice, when a dispute occurs, many borrowers do not admit to receiving the loan, arguing that although the IOU is written, However, the payment has not been received, the loan contract has not been fulfilled, and if this happens, a receipt can solve a lot of unnecessary trouble.

Yes, if the borrower fails to use the loan for the agreed purpose, the lender may require the borrower to repay it early. If the borrower clearly states that it will not perform its obligations, the lender can terminate the contract, demand repayment in advance, and require the borrower to bear the liability for breach of contract in advance. The law stipulates that if the lender knows or should have known in advance that the borrower is borrowing money for illegal or criminal activities but still provides the loan, the contract shall be invalid.

Article 143 of the Civil Code: Civil juristic acts that meet the following conditions are valid: (1) The person who conducts the act has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs. Article 144:Civil juristic acts carried out by persons lacking capacity for civil conduct are invalid.

Article 146:Civil juristic acts carried out by the actor and the counterpart with false expressions of intent are invalid. The effectiveness of civil juristic acts concealed by false expressions of intent is to be handled in accordance with the relevant legal provisions. Article 153: Civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid.

However, this is an exception where the failure of the mandatory provision to congratulate the civil juristic act is invalid. Civil juristic acts that violate public order and good customs are invalid Article 154: Civil juristic acts where the actor maliciously colludes with the counterpart to harm the lawful rights and interests of others are invalid.

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Good. 1.The borrower may repay the loan in advance, unless otherwise agreed by the parties. Therefore, the lender can agree that the loan cannot be repaid in advance.

Legal terms? 2.Article 31 of the Provisions of the Supreme People's Tomb Hui Zhaomin Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases Article 31 The borrower may repay the loan in advance, unless the party concerned agrees on the rent per foot.

3.Where the borrower repays the loan in advance and claims that the interest be calculated according to the actual term of the loan, the people's court shall support it.

I want to agree that I can't repay the loan early.

4.Example. In the actual way of treatment, if you choose to repay the loan early, the bank will not calculate the interest after the early repayment date, and the lender only needs to pay off the remaining principal, but the previous interest must continue to be calculated according to the loan contract.

I want to agree that I can't repay the loan early. OK.

It shall be implemented in accordance with Article 31.

That's right. 3.Where the borrower repays the loan in advance and claims that the interest be calculated according to the actual term of the loan, the people's court shall support it.

If there is no agreement, of course it is supported. Except as agreed by you.

The two are contradictory. Because of the borrower. It is definitely necessary to maintain the interest originally. Yes, there should be a mutual agreement before borrowing, and the contract should be the main one. The two are not contradictory.

Borrowers can repay their loans early. However, the creditor may refuse the debtor's early performance of the debt, unless the early performance does not harm the interests of the creditor.

1. What are the types of contract performance?

The performance of the contract can be divided into:

1. Suspension of performance, if the creditor changes its domicile without notifying the debtor, resulting in difficulties in performing the debt, the debtor may suspend the performance or deposit the subject matter;

2. Early performance, the creditor may refuse the debtor's early performance of the debt, except where the early performance does not harm the interests of the creditor;

3. Partial performance: The creditor may refuse the debtor's partial performance of the debt, unless the partial performance does not harm the interests of the creditor.

2. Whether the debt can be fulfilled in advance.

Whether the debt can be fulfilled earlier depends on the circumstances.

The performance period may be for the benefit of the debtor, the benefit of the creditor, and the benefit of both parties.

1. For the first case, the creditor may not arbitrarily request performance, but the debtor may abandon its term interest and perform before the agreed performance period.

2. In the second case, the creditor may request the debtor to perform the debt before the performance period, but the debtor has no right to force him to receive the payment before the time limit.

3. For the third case, the debtor has no right to force the creditor to accept it before the time limit, and the creditor may not request the debtor to perform before the time limit.

3. What are the contents and measures for the liquidation of creditor's rights and debts?

Debt repayment refers to the debtor's performance of its own debts in accordance with the provisions of the law or the contract to dissolve the creditor's rights and debts relationship, debt repayment is an important part of the debt management process of the enterprise, and is the premise for the continuous debt operation of the enterprise. The principles of debt settlement are:

1) The principle of actual performance, also known as the principle of performance in kind, refers to the fact that the creditor and the debtor must complete their respective obligations in strict accordance with the subject matter stipulated in the agreement.

2) The principle of full performance, also known as the principle of proper performance. The debtor must perform its obligations in accordance with the time limit and manner agreed in the contract, and shall not arbitrarily advance, delay or change the performance method. In this way, the interests of creditors can be effectively protected.

3) The principle of collaborative fulfillment. The parties to the creditor's rights and debts should unite and cooperate, help each other, and work together to fulfill their respective responsibilities and ensure the performance of the contract.

4) The principle of compulsory performance. If the debtor fails to repay the debts due and does not fall under the exceptional liability, the law enforcement agency may compel the debtor to perform until it goes bankrupt and liquidated.

5) The principle of efficiency of performance. It means that the debtor can reasonably choose the term and method of repayment under the provisions of the law and the permission of the creditor, so as to achieve benefits to the person or to the person without damage and benefit.

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

Legal Analysis: Borrowers can repay their loans early. However, the creditor may refuse the debtor to perform the debt in advance, unless the early performance does not harm the interests of the creditor.

Legal basis: Article 677 of the Civil Code of the People's Republic of China 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 parties.

Borrowing money can be repaid in advance. The borrower can negotiate with the lender, and the lender cannot refuse the borrower's early repayment unless the early repayment would harm the lender's interests. However, the borrower shall bear the increased costs due to the borrower's early repayment of the loan to the other party.

[Legal basis].Article 530 of the Civil Code.

The creditor may refuse the debtor's early performance of the debt, except where the early performance does not harm the creditor's interests.

The debtor shall bear the additional costs incurred by the creditor for the debtor's early performance of the debt.

Article 675.

The borrower shall return the loan within the agreed time limit.

Article 677.

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 678.

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