First, if the parties have an agreement on the loan term, interest during the loan period and interest on overdue loans in the loan contract, they should respect the autonomy of the parties and follow their agreement. As long as the interest rate of commercial loans overdue does not exceed the interest rate standard stipulated by the People's Bank of China and the interest rate of private loans is not higher than 4 times that stipulated by the Supreme People's Court, it shall be calculated according to the agreed interest rate. ?
Second, in the loan contract, the parties only agreed on the interest during the loan period, but did not agree on the interest on overdue loans. Lenders of commercial loans may require borrowers to pay overdue interest at the interest rate agreed in the contract, or they may require borrowers to pay overdue interest in accordance with relevant state regulations. The choice lies with the lender, while private loans can only require the borrower to pay overdue interest at the interest rate agreed in the contract. The reasons why commercial loans pay overdue interest at the interest rate agreed in the contract are as follows: according to the method of course explanation, it is necessary to pay the agreed interest during the loan period, and the interest should be paid at the agreed interest rate in the period after loans overdue, that is, legal acts are still responsible for paying the agreed interest, and illegal acts are more responsible; The reason for paying overdue interest in accordance with the relevant provisions of the state is: according to the jurisprudence that there is an agreement to follow the agreement and no agreement to follow the law, if the parties fail to make an agreement in the loan contract, they can pay overdue interest in accordance with the relevant provisions of the state.
Third, in the loan contract, the two parties have neither agreed on the interest during the loan period nor agreed on the interest on overdue loans. This kind of contract is more common in private lending. There are two types: one is fixed-term interest-free loans, and the other is irregular interest-free loans. For fixed-term interest-free loans, the lender requires the borrower to pay overdue interest according to the bank loan interest rate from the date when the repayment period expires; For irregular interest-free loans, the lender requires to pay interest according to the bank loan interest rate from the time when the borrower is urged to borrow or from the time of prosecution. According to article 123 of the Supreme People's Court's opinions on several issues concerning the implementation of the general principles of the civil law of People's Republic of China (PRC) (for trial implementation) and articles 8 and 9 of the opinions on the handling of loan cases by people's courts.