As we all know, with the development of social economy, more and more young people have fallen into the trap of consumerism. They put material enjoyment first and constantly pursue decent consumption. However, luxury life is a heavy burden for many young people, so many people start to borrow money everywhere and indulge in advanced consumption in order to enjoy luxury life all the time.
However, as a way to overdraw the future, consumption ahead of time can easily lead young people into debt crisis. According to the data in the Report on the Debt Situation of Young People in China, by 221, about 45% of young people have substantial debts due to consumption ahead of time.
and because of the young people's incorrect consumption concept, various online lending platforms have sprung up like mushrooms after rain. According to the data of relevant institutions, by the end of December 22, there were 7,118 small loan companies in China. These loan companies are mixed, including various high-interest loans, which made many young people bear large debts.
In order to pay off the high debts, many people can only continue to register new small loans except borrowing money from friends, and use the newly borrowed money to pay off the previous debts, that is, to support loans with loans. But after a long time, this behavior will only ruin their lives. Therefore, in order to better protect the rights and interests of young people, the state has also promulgated corresponding laws and regulations. In the Civil Code officially implemented on January 1, 221, it was clearly stipulated that six kinds of debts can not be repaid.
usury
usury is the first thing. In 215, China made a clear definition of usury, that is, it divided the "two lines and three areas" with the annual interest rate of 24% to 36%, stipulating that if the annual interest rate of the loan does not exceed 24%, it should be repaid normally, while the part with the annual interest rate exceeding 36% is regarded as invalid, and between 24% and 36% is regarded as a natural debt and needs the parties.
it is stipulated in the civil code that any loan whose interest is more than 4 times, that is, the loan interest reaches 15.4%, based on 3.85% of the national loan prime rate (LPR), will be considered as usury, and the part of usury that exceeds the basic interest rate can not be repaid. In addition, it is also proposed in the Criminal Law Amendment that violent collection and other acts will be sentenced to a maximum of 3 years.
beheading interest
In addition to usury, there is another loan method called beheading interest, which is also restricted. Unlike ordinary usury, beheading interest must be deducted before lending, but when calculating interest rate and repayment, it should be calculated according to the full amount, which means that the amount in the loan contract is higher than the actual amount borrowed.
For example, if a person borrows a beheading interest of 1, yuan, he can only get 8, yuan, of which 2, yuan will be deducted by the lender in the name of interest, but the interest will still be calculated according to the loan of 1, yuan, which is the so-called beheading interest. It is stipulated in the Civil Code that if beheading interest occurs, the borrower only needs to return the principal actually obtained when paying back the money.
Loans for fraudulent use of information by others
As China gradually enters the information age, the security of personal privacy has become a matter of concern to many people. According to the data of relevant institutions, there are about 5 million apps available for download in China, and the cumulative number of downloads has exceeded one trillion times. Some apps collect personal information without our consent.
I believe that many people have encountered the situation of being "loaned", that is, without their knowledge, their personal information was stolen to make a loan. In the end, not only my daily life is disturbed by the collector, but also my credit information will be labeled as bad, which will have a very bad influence. The Civil Code stipulates this situation. If there is enough evidence to prove that the loan is not borrowed by myself, then the money need not be returned, and the relevant departments can also eliminate the bad reports on credit information, effectively protecting the rights and interests of the victims.
routine loan
In addition, routine loan is not required to be repaid, because routine loan is illegal. Generally speaking, the so-called routine loan refers to deceiving or forcing the victim to sign agreements such as "lending" or "mortgage" in the name of private lending, and then maliciously creating a breach of contract through a series of means, and then forcibly occupying the victim's property. This situation has been seriously illegal, so naturally it is not necessary to repay.
Unilateral debts of husband and wife
If a husband secretly borrows a lot of money from his wife after marriage, but the wife is completely unaware of it, the debt collector can't ask his wife to collect debts, because this situation is called unilateral debts of husband and wife. According to the Civil Code, only the same expenses signed by both husband and wife, or recognized by the other party, or used for family life can be called debts of both husband and wife.
Loans with vague contracts
Moreover, when lending, we should also carefully check the contracts signed with the lending companies. Some important information such as interest rate and repayment period in the contracts of illegal companies will be deliberately vague. If you don't notice, if you sign the contracts casually, these illegal companies will take advantage of loopholes and pose a threat to our property security. The Civil Code has made provisions on this matter. If the important information in the contracts is vague,
So generally speaking, with the promulgation of the Civil Code, the six kinds of debts mentioned above can be repaid, but this is no reason for us to borrow casually. We still need our own financial planning to live a better life. What do you think?