For laws and regulations dealing with private lending, please refer to General Principles of Civil Law of People's Republic of China (PRC), Property Law of People's Republic of China (PRC), Guarantee Law of People's Republic of China (PRC), Contract Law of People's Republic of China (PRC), Civil Procedure Law of People's Republic of China (PRC), Criminal Procedure Law of People's Republic of China (PRC) and other relevant laws.
2065438+On June 23, 2005, the Supreme People issued the Provisions of the Supreme People on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases, which further explained the problem of private lending.
For example:
1. Article 135 of the General Principles of Civil Law stipulates that the limitation period for a lender to apply to the people for creditor's rights protection is two years.
2. Article 2 1 1 of the Contract Law stipulates that if the loan contract between natural persons stipulates to pay interest, the loan interest rate shall not violate the provisions of the state on limiting the loan interest rate.
3. Article 26 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases stipulates that if the interest rate agreed by both borrowers and lenders does not exceed 24% per annum, the people shall support it.
The interest rate agreed between the borrower and the borrower exceeds the annual interest rate of 36%, and the interest agreement in excess is invalid. If the borrower requests the lender to return the interest paid in excess of 36% per annum, the people shall support it.
Extended data:
In private lending, the most likely contradiction between borrowers and borrowers is interest. The law clearly stipulates this:
(1) If there is a dispute between the borrower and the lender about whether there is an agreed interest rate and it cannot be proved, the interest can be calculated by referring to the bank's similar loan interest rate.
(2) If the parties dispute the interest rate standard, they can determine the interest rate standard within the standard of not exceeding 4 times the interest rate of similar loans of banks.
(3) In interest-bearing loans, the interest rate may be appropriately higher than the bank's interest rate, but it shall not exceed 4 times the bank's interest rate for similar loans, that is, it shall not be engaged. It doesn't matter if it is more than 4 times (according to the current interest rate, 4 times is more than 29 o'clock). Sometimes, at most, the excess is not guaranteed, but when it is not guaranteed, higher returns can be obtained. Explain that this provision is not punitive.
(4) The lender shall not include the interest in the principal to calculate compound interest, otherwise it will not be protected by law. This provision is punitive in judicial practice. If this provision is violated, it can be decided to pay interest according to the loan interest rate for the same period. Then, the multiple you agreed at the beginning may be claimed or unclaimed.
(5) If the lender requests repayment in the same currency due to the loan or NT$, it may grant it. If the borrower does not have the same currency, he can repay it in RMB with reference to the foreign exchange rate at the time of repayment. If the lender requests to pay interest, it may calculate the interest with reference to the savings rate of China Bank.