If the arrears are arbitrated, the parties need to perform their obligations according to the arbitration results. If both parties agree on arbitration in the loan contract, after a dispute arises, one party may apply to the Arbitration Commission for arbitration. If the debtor fails to perform the obligations specified in the legal documents, the creditor may apply to the court to enforce the debtor's executable property.
If both parties agree on arbitration in the loan contract if the debts are not repaid, after a dispute arises, one party may apply to the Arbitration Commission for arbitration. If there is no agreement in the loan contract, you can only bring a lawsuit to the court. If the debtor fails to perform the obligations specified in the legal documents after arbitration, the creditor may apply to the court to enforce the debtor's executable property.
There are two kinds of economic disputes:
(1) It is an economic contract dispute. Such as sales contract disputes, loan contract disputes, contract disputes, construction contract disputes, technical contract disputes, etc. ;
(2) It is an economic infringement dispute. Such as intellectual property rights (such as patents and trademarks) infringement disputes, ownership infringement disputes, management rights infringement disputes, etc. In the market economy, contract is a legal and universal form for equal market participants to establish trading relations, jointly implement trading behaviors and pursue and realize economic goals. Therefore, contract disputes are the main part of economic disputes.
The prosecution process of borrowing money and not paying it back:
(a) can directly to the court. According to the relevant regulations of the Supreme People's Court, if the borrower's whereabouts are unknown, and the lender can prove the existence of the loan relationship and confirm that the loan relationship is clear after the court accepts it, it can make a judgment by default and recover the debt with its property.
(II) For married borrowers, according to the Marriage Law and the Supreme People's Court's "Several Specific Opinions on People's Courts Handling Divorce Cases", the lender may require "the husband's debt to be repaid to his wife" under the following two circumstances. Husband and wife borrow money in their own names to live together or fulfill their obligations of raising and supporting. If one party borrows money to buy a house before marriage and other property has been converted into joint property of husband and wife, the loan debt arising from the purchase of property is regarded as joint debt of husband and wife.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis: Article 676 of the Civil Code of People's Republic of China (PRC).
If the borrower fails to repay the loan within the agreed time limit, it shall pay overdue interest in accordance with the agreement or relevant state regulations.
Article 678th of the Civil Code of People's Republic of China (PRC)
The borrower may apply to the lender for extension before the repayment period expires; If the lender agrees, it can be postponed.
Article 667 of the Civil Code of People's Republic of China (PRC)
A loan contract is a contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest.