1. How much is the daily penalty for overdue payment legal?
It is legal that the daily penalty for overdue payment cannot exceed 30% of the actual loss. The liquidated damages for overdue payment are divided into different treatment methods according to whether there is an agreement or not.
(1) Both parties agreed on liquidated damages for overdue payment: according to the principle of autonomy of contract parties, both parties agreed on the calculation method of liquidated damages in the contract. If this agreement does not violate the law, it shall generally be observed.
(two) the parties have not agreed on the liquidated damages for overdue payment, nor have they advocated support; If the parties claim compensation, the liquidated damages shall be calculated according to the interest rate of similar loans of the People's Bank of China in the same period.
Second, what are the legal provisions?
1. Regarding the application of Article 6 of Several Opinions of the Supreme People's Court on People's Courts Handling Loan Cases, if the liquidated damages are too high, it shall be adjusted according to the interest rate of similar loans of the People's Bank of China in the same period. This opinion is obviously a guiding opinion for handling loan cases, and whether it can be referred to in commercial trials is controversial.
2. The liquidated damages are calculated according to the interest rate of similar loans of the People's Bank of China in the same period. This method also refers to the relevant provisions of private lending, and its application in commercial trials is not clear? Legal basis.
3. Regarding the calculation of liquidated damages according to the interest rate of the People's Bank of China for the same period 1.30%, if the liquidated damages agreed by the parties exceed 30% of the losses caused, it can generally be regarded as "excessively higher than the losses caused" as stipulated in the second paragraph of Article 114 of the Contract Law, but it seems that the plaintiff's interest loss is the interest rate of the same period of the People's Bank of China. The above reasons are not sufficient.
4. About adjusting the daily interest rate to 2. 1%.
5. The current interest rate of overdue loans is not operational.
6. Did the court take the initiative to adjust the liquidated damages? Legal basis.
Loans overdue, according to the relevant terms signed at the time of loan, needs to pay liquidated damages. However, in judicial practice, there may not be an agreement on liquidated damages, and the relevant laws promulgated by the state do not clearly stipulate the standard of liquidated damages, but only stipulate that the upper limit of liquidated damages shall not exceed. Therefore, the specific payment of liquidated damages should be decided by both parties through consultation. If negotiation fails, it can be determined through litigation.
Legal basis:
Article 585 of the Civil Code of People's Republic of China (PRC)
The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the situation of breach of contract, and may also agree on the calculation method of the amount of compensation for breach of contract.
If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase the liquidated damages at the request of the parties; If the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.
If the parties concerned pay liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.