1. Does the loan contract stipulate liquidated damages? 1. Does the loan contract stipulate liquidated damages? If the loan contract expires and the lender fails to repay the loan, it shall be liable for breach of contract. Regarding the form of liability for breach of contract, according to the general provisions of the Contract Law, if there is liquidated damages in the contract, the liquidated damages shall be paid in accordance with the contract; If there is no liquidated damages in the contract, overdue interest shall be paid in accordance with the contract or relevant state regulations. It can be seen that the general principles of the current contract law do not limit the scope of the contract applicable to the form of liability for breach of contract. In the sub-rules of Chapter XII of the Contract Law, especially Article 207, it is stipulated that "if the lender fails to repay the loan within the agreed time limit, it shall pay overdue interest in accordance with the agreement or the relevant provisions of the state", and other ways of assuming responsibility such as liquidated damages are not excluded. Moreover, the penalty clause belongs to the category of party autonomy, and the parties agree on interest or default interest and penalty at the same time according to the principle of autonomy in private law, and its legal effect should be recognized. It can be seen that the two forms of liability, liquidated damages and interest (penalty interest), go hand in hand in the loan contract. The nature of liquidated damages and loan contract determines that the liquidated damages clause in loan contract is effective. 2. The amount of liquidated damages agreed in the private lending contract. Bank loan contracts are generally standard contracts formulated by banks according to relevant financial laws, regulations and rules, and there are few provisions on liquidated damages. If the amount of liquidated damages agreed by both parties is too high or too low, in accordance with the provisions of the second paragraph of Article 114 of the Contract Law, the parties shall make an adjustment request and cannot adjust the liquidated damages voluntarily. As for the adjustment of liquidated damages in the loan contract, can it be adjusted according to the authority? Some judges believe that the loan contract is a special contract, and the interest rate stipulated by the state is mandatory, especially if the sum of interest and liquidated damages agreed by the parties to the private loan contract is four times higher than the interest rate of similar loans of banks, even if the borrower does not ask for the adjustment of liquidated damages, it should be adjusted ex officio. Otherwise, it will provide lenders of private lending contracts with ways to evade the law in disguise. From the above analysis, penalty interest is different from liquidated damages. The interest or penalty interest agreed in the private lending contract is four times higher than the interest rate of similar loans of banks, and the current legal provisions are invalid. As a kind of remedy, the liquidated damages stipulated in the private lending contract still conforms to the provisions of the second paragraph of Article 114 of the Contract Law, so it is not appropriate to intervene ex officio. Of course, the judge can exercise the right of interpretation to the lender who bears high liquidated damages during the trial, and then decide whether to ask for adjustment of liquidated damages after judging his own interests. To sum up, it is a concrete introduction to the relevant contents of the loan contract. It can be seen that if there is liquidated damages in the contract, the liquidated damages shall be paid according to the contract; If there is no liquidated damages in the contract, overdue interest shall be paid in accordance with the contract or relevant state regulations. In a word, the liquidated damages agreed in the contract are binding on both parties to better perform the contract.

Second, is it legal to collect liquidated damages for vehicle mortgage loans?

Legal. The liquidated damages are determined by both parties through negotiation, and there is no legal standard for liquidated damages. But in general, the standard of liquidated damages should be equivalent to the amount of losses that one party may cause to the other party.

If the agreed liquidated damages are too high (more than 30% of the loss amount), and one party requests to reduce the liquidated damages, the people may adjust the liquidated damages according to the specific circumstances of the case. Similarly, if the agreed liquidated damages are too low (less than 30% of the actual losses), the observant party may also request an increase in liquidated damages.

Three, the construction bank loan penalty interest

The liquidated damages for CCB loans refer to the prepayment of less than three years after the borrower successfully applied for the loan, and CCB will charge a certain amount of liquidated damages for prepayment according to the prepayment situation.

1. If the prepayment is less than one year, a penalty of 3% of the prepayment amount will be charged;

2. If the loan is repaid one to two years in advance, a penalty of 2% of the prepayment amount will be charged;

3. If the loan is repaid two to three years in advance, a penalty of 1% of the prepayment amount will be charged.

4. Is there a penalty for the loan?

1. About the amount of liquidated damages. If there is a contract, the amount of liquidated damages shall be determined according to the contract, and generally the amount agreed in the contract shall prevail. Therefore, when you borrow money, you must have signed a loan contract, and there should be an agreement on the amount of liquidated damages under the liability clause in the contract. You can pay liquidated damages to the other party according to the amount agreed in the loan contract at that time and bear the liability for breach of contract. The relevant legal basis is as follows: Article 1 14 of the Contract Law stipulates that the parties may agree that one party shall pay a certain amount of liquidated damages to the other party according to the situation of breach of contract, or may agree on the calculation method of compensation for losses caused by breach of contract. 2. About the upper limit of liquidated damages. The law stipulates that the liquidated damages shall not exceed 30% of the contract amount. If the liquidated damages agreed in your loan contract do not exceed 30% of the loan amount, that is, 1.5 million, then you should pay as promised when you breach the contract. If the liquidated damages exceed 1.5 million, then you don't need to pay the excess, because it has exceeded the legal limit, and the excess is illegal and invalid. The relevant legal basis is as follows: According to Article 29 of Interpretation II of the Contract Law, if the liquidated damages agreed by the parties exceed 30% of the losses caused, they may request the people or the arbitration institution to reduce them appropriately according to Article 114 of the Contract Law.