Legal analysis: It is legal and protected by law to borrow money on the online lending platform supervised by relevant regulatory authorities.
Legal basis: Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases.
Article 1 The term "private lending" as mentioned in these Provisions refers to the financing behavior among natural persons, legal persons and other organizations and among them.
These Provisions shall not apply to financial institutions and their branches established with the approval of the financial supervision department and engaged in loan business, which are triggered by the issuance of loans and other related financial businesses.
Article 9 Under any of the following circumstances, it can be regarded as having the effective requirements for a loan contract between natural persons as stipulated in Article 210 of the Contract Law:
(1) Pay in cash from the date when the borrower receives the loan;
(2) If the payment is made by bank transfer, online electronic remittance or online loan platform, it shall start from the date when the funds reach the borrower's account;
(3) If the bill is delivered, it shall be from the date when the borrower obtains the bill right according to law;
(4) When the lender authorizes the borrower to control a specific fund account, the borrower obtains actual control over the account;
(5) The lender provides the loan in other ways agreed with the borrower and actually performs it.
Article 22 Lenders and borrowers form a lending relationship through the online lending platform. The provider of the online lending platform only provides media services, and the parties require it to bear the guarantee responsibility, and the people will not support it.
If the online loan platform provider explicitly provides guarantee for the loan through the media such as web pages and advertisements, or there is other evidence to prove that the lender requests the online loan platform provider to assume the guarantee responsibility, the people should support it.
2. Is peer-to-peer lending protected by law?
Have the nature of filing a case
3. Is online lending protected by law?
Legal analysis: in the network protection supervised by relevant regulatory authorities.
Legal basis: Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases.
Article 1 The term "private lending" as mentioned in these Provisions refers to mutual financing and mutual financing.
These provisions shall not apply to the financial services related to loans established with the approval of the financial supervision department.
Article 9 Under any of the following circumstances, it can be regarded as an effective requirement of a loan contract between natural persons:
(1) Pay in cash from the date when the borrower receives the loan;
(2) If the payment is made by bank transfer, online electronic remittance or online loan platform, it shall start from the date when the funds reach the borrower's account;
(3) If the bill is delivered, it shall be from the date when the borrower obtains the bill right according to law;
(4) If the lender authorizes the borrower to control a specific fund account, it shall start when the borrower takes power;
(5) The lender provides the loan in other ways agreed with the borrower and actually performs it.
Twenty-second borrowing from Taiwan Province to form a loan relationship. The providers of online lending platforms only provide media services, and ordinary people will not support them.
If the advertisement or other media clearly shows or there is other evidence to prove that it provides a guarantee for the loan, and the lender requests the online loan platform provider to assume the guarantee responsibility, the person