1. Are personal loans protected by law?
Loans obtained through due procedures are protected by law
2. Are online loans protected by law?
Legal Analysis: Depends on the circumstances. If it is a formal online loan platform, the interest is within the interest range prescribed by the state, and online loans are protected by law. Otherwise, if the interest rate of an online loan platform is higher than the interest range stipulated by the state, it will not be protected by law. Online loans refer to completing all processes such as certification, accounting, clearing, and delivery through the Internet, so that you can achieve the purpose of borrowing without leaving home. Generally speaking, the amount of online loans is not high, there is no mortgage loan, and it is purely a credit loan. According to relevant regulations, if the interest rate agreed between the borrower and the borrower does not exceed 24% of the annual interest rate, and the lender requires the borrower to pay interest at the agreed interest rate, the people should support it. If the interest rate agreed between the borrower and the borrower exceeds 36% of the annual interest rate, the excess interest rate agreement is invalid. If the borrower requires the lender to return interest that exceeds 30% of the annual interest rate, the people should support it. Legal basis: "Regulations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases" Article 26 If the interest rate agreed between the borrower and the borrower does not exceed the annual interest rate of 24%, and the lender requests the borrower to pay interest according to the agreed interest rate, the people shall be supported. If the interest rate agreed between the borrower and the lender exceeds the annual interest rate by 36%, the excess interest agreement is invalid. If the borrower requests the lender to return the interest that has been paid in excess of 36% of the annual interest rate, the people shall support it. Derivative question: What are the legal consequences of non-repayment of online loans? 1. Bear high overdue fees. Whether overdue fees are called overdue penalty interest, overdue management, or other various names, the charging standards are very high. 2. Facing a national crisis of trust. If you fail to repay a loan on one platform overdue, it will be very difficult to borrow again on other platforms. 3. If the loan is overdue for a long time or deliberately fails to repay, there is a risk of being taken to court by the online loan platform.
3. Are private loans protected by law?
Legal analysis: They are protected by law, but when the parties enter into a private loan contract, the agreed interest should comply with legal provisions, otherwise the excess will not be Legal protection.
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 "Private lending" as mentioned in these regulations refers to financial transactions between natural persons, legal entities and unincorporated organizations. behavior.
This provision does not apply to financial institutions and their branches established with the approval of the financial regulatory authorities to engage in loan business, arising from the granting of loans and other related financial businesses.
Article 25 If the lender requests the borrower to pay interest according to the interest rate stipulated in the contract, the people shall support it, except where the interest rate agreed upon by both parties exceeds four times the one-year loan market quotation rate at the time the contract is established. .
The "one-year loan market quoted interest rate" referred to in the preceding paragraph refers to the one-year loan market rate published monthly by the National Interbank Funding Center authorized by the People's Bank of China since August 20, 2019. Quoted interest rate.