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Judicial Interpretations on Private Lending Dispute Cases

The judicial interpretation of private loan dispute cases refers to disputes arising from the failure to repay the debt on time after the borrower and the lender reached a loan agreement. This is a civil legal relationship and is regulated and regulated by civil law. Private lending can be divided into private individual lending activities and lending between citizens and enterprises. Private lending should comply with legal provisions.

Methods for handling private lending disputes include:

1. The parties negotiate to resolve the dispute on their own;

2. Request a third-party organization for mediation;

3. Apply to the arbitration institution for arbitration according to the arbitration agreement;

4. File a civil lawsuit regarding the loan dispute with the People's Court.

Private lending is a kind of private financial activity with a long history and widespread around the world. It mainly refers to between natural persons, between natural persons and legal persons or other organizations, and between legal persons or other organizations. The act of conducting financial financing based on currency or other securities. Financial institutions and their branches established with the approval of the financial regulatory authorities to engage in loan business, grant loans and other related financial services, do not fall within the scope of private lending.

If the borrower and the lender have not agreed on the place of performance of the contract or the agreement is unclear, and no supplementary agreement has been reached afterwards, and it still cannot be determined according to the relevant terms of the contract or trading practices, the location of the party receiving the currency shall be the place of performance of the contract. There are two situations in the so-called "location of the party receiving money" in private lending disputes: one is the location of the lender, and the other is the location of the borrower.

When the two parties have a dispute over whether the loan involved in the case is lent, the location of the borrower shall be the place where the contract is performed; when the two parties have a dispute over whether the loan involved in the case and interest are returned or paid, the location of the borrower shall be the place where the contract is performed. The place where the person is located is the place where the contract is performed.

Article 671 of the "People's Republic of China and Civil Code" If the lender fails to provide the loan in accordance with the agreed date and amount, causing losses to the borrower, it shall compensate for the losses.

If the borrower fails to collect the loan on the agreed date and amount, the borrower shall pay interest on the agreed date and amount.

Article 674 The borrower shall pay interest according to the agreed period. There is no agreement or the agreement is not clear about the period for payment of interest, and it cannot be determined according to the provisions of Article 510 of this Law. If the loan period is less than one year, it shall be paid when the loan is returned; if the loan period is more than one year, It shall be paid at the end of each year. If the remaining period is less than one year, it shall be paid when the loan is returned.