There is an old saying in China that debts must be paid, but the debt and money mentioned here refer to the legal lending relationship and the debts stipulated by our laws. As the saying goes, "it is easy to borrow, but it is not difficult to borrow again." If it doesn't meet our legal responsibilities, we don't need to return the money to the creditor, and if he sues for repayment, the court won't give you any judgment. So what are the illegal loans?
1. "Beating" and "beheading"
According to Article 200 of People's Republic of China (PRC) Contract Law, the loan interest shall not be deducted from the principal in advance. If the interest is deducted from the principal in advance, the loan will be repaid according to the actual loan amount and the interest will be calculated.
For example, although the lender and the borrower agreed to borrow 2000 yuan, the actual bank remittance record was only 1800 yuan, of which 200 yuan had been deducted as beheading interest before borrowing. According to the provisions of the Contract Law, the borrower and the borrower have only established the legal relationship of loan within the scope of 1800 yuan, not the 2,000 yuan stipulated in the loan agreement. In other words, the interest can only be calculated according to 1800 yuan, not 2000 yuan.
2. Interest-free loans, the borrower and the lender have no agreed interest.
When there is no clear agreement on interest between the borrower and the lender, only the principal can be repaid without interest. Article 2 1 1 of the Contract Law stipulates that if the loan contract between natural persons does not stipulate or clearly stipulate the payment of interest, it shall be regarded as not paying interest.
3. The agreed interest of the loan is beyond the legal scope.
If the agreed loan interest exceeds the legal scope, we call it usury. Article 26 of the Supreme People's Court's Provisions 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 exceeds the annual interest rate of 36%, the excess interest agreement shall be invalid. The people's court shall support the borrower's request to the lender to return the part of the interest paid that exceeds 36% per annum.
So once the interest exceeds 36%, this part is invalid. If you don't give it, you can give it back to me.
4. Non-personal loans
In other words, the borrower did not take the initiative to apply for a loan, but was "loaned" by criminals after stealing identity information. Because I didn't apply for a loan subjectively, I naturally don't have to pay back the money.
If this happens, it is necessary to clarify with financial institutions in time and explain the situation. As long as it can be proved that the parties did not apply for a loan and did not receive the money, there is no need to repay.
5. Non-compliant IOUs
For example, the online debit note is 15000, but if this one is 18000, or if it is written in our daily life as an apology, but you haven't borrowed any money from him, we can ignore both loans. We just need to pay back the money we received and ignore the rest.
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