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Car loan liquidated damages are stipulated by law

The state does not stipulate the standard of liquidated damages for overdue car loans. Generally, the standard of liquidated damages for overdue loans is determined based on the following factors: Both parties have agreed on the liquidated damages for overdue payment: According to the principle of contract autonomy, the two parties have agreed in the contract As for the calculation method of liquidated damages, if the agreement does not violate legal provisions, the agreement generally follows. If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to appropriately reduce it. If the parties agree on liquidated damages for delayed performance, the defaulting party shall also perform its debts after paying the liquidated damages. Legal provisions on loan liquidated damages: The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party based on the circumstances of the breach, and may also agree on a method for calculating the amount of compensation for losses due to breach of contract. The liquidated damages cannot exceed four times the one-year loan market quoted interest rate when the contract is established. Car consumption has also entered the ranks of advanced consumption. Buying a car with a loan has become a way for many young people to buy a car. So what is the process of getting a car loan and what is the down payment required by the bank for a car loan. For auto companies, auto finance can not only boost sales, but auto finance companies also benefit a lot from it. More and more auto stores are willing to provide consumers with car loan services. So how much is the down payment to buy a car with a loan? It is understood that, Car loan policy: The minimum down payment for buying a car with a loan is RMB 20, and the loan term is 1-5 years.

The legal basis is in accordance with Article 208 of the "Contract Law": "If the borrower repays the loan in advance, unless otherwise agreed by the parties, interest shall be calculated based on the actual period of the loan." "Contract Law" "Article 71" also stipulates that "the creditor may refuse the debtor to perform its debts in advance, except where early performance will not harm the interests of the creditor." Therefore, the borrower's choice to repay the loan in advance does not harm the interests of the lending institution, and the lending institution, as a creditor, does not harm the interests of the lending institution. It has no right to refuse the borrower to repay the debt in advance, nor to charge the borrower with early repayment penalty. If the lending institution believes that early repayment will increase the cost burden on the bank, the lending institution should bear the burden of proof, instead of stipulating in the loan contract that early repayment will force liquidated damages. Therefore, for citizens taking loans, the most important basis is the loan contract, and it is best to clarify the provisions regarding early repayment before making a decision.