According to Article 20 of the Guiding Opinions of Zhejiang Higher People's Court on Several Issues Concerning the Trial of Private Lending Disputes, private lending can be paid or unpaid. If there is no agreement or unclear agreement between the borrower and the borrower on the payment of interest, it shall be regarded as not paying interest according to the provisions of Article 211 of the Contract Law, except that the borrower pays interest voluntarily.
If the borrower and the borrower have an agreement on the interest rate within the loan term, such agreement shall prevail. If the agreed interest rate exceeds 4 times the benchmark interest rate of loans of the same grade in the same period announced by the People's Bank of China at the time of lending, the court will generally not protect the excess interest. However, if the borrower voluntarily pays more than four times the interest to the lender, and it does not harm the interests of the state and society or the legitimate rights and interests of others, the court may not intervene.
According to Article 26 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases, if the interest rate agreed by both borrowers and lenders does not exceed 24% per annum, and the lender requests the borrower to pay interest at the agreed interest rate, the people's court shall support it. The interest rate agreed between the borrower and the borrower exceeds the annual interest rate of 36%, and the interest agreement in excess is 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. ?
Extended data
According to Article 25 of the Supreme People's Court's Provisions on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases, if the borrowers and borrowers have not agreed on interest, the people's court will not support it. ?
If the interest agreement between natural persons is unclear and the lender claims to pay interest, the people's court will not support it. Except for the loan between natural persons, if the agreement between the borrower and the lender on the loan interest is unclear, and the lender claims interest, the people's court shall determine the interest according to the contents of the private loan contract, the local or the parties' trading methods, trading habits, market interest rates and other factors.
According to Article 27 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases, the loan amount specified in debt certificates such as IOUs, receipts and IOUs is generally recognized as the principal. If interest is deducted from the principal in advance, the people's court shall confirm the actual amount lent as the principal. ?
According to Article 28 of the Supreme People's Court's Provisions on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases, both borrowers and borrowers will calculate the interest into the later loan principal after settling the principal and interest of the previous loan, and re-issue the creditor's rights certificate. If the previous interest rate does not exceed the annual interest rate of 24%, the amount specified in the reissued creditor's rights certificate can be confirmed as the later loan principal;
Excess interest cannot be included in the future loan principal. If the agreed interest rate exceeds the annual interest rate of 24%, and the parties claim that the excess interest cannot be included in the later loan principal, the people's court shall support it. ?
According to the calculation in the preceding paragraph, the sum of the principal and interest payable by the borrower after the expiration of the loan term cannot exceed the sum of the initial loan principal and the interest of the whole loan term calculated at the annual interest rate of 24% based on the initial loan principal. If the lender requests the borrower to pay the excess, the people's court will not support it. ?
According to Article 29 of the Supreme People's Court's Provisions on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases, if both borrowers and lenders have an agreement on overdue interest rates, such agreement shall prevail, but the annual interest rate shall not exceed 24%. If the overdue interest rate is not agreed or clearly agreed, the people's court may handle it according to different circumstances:
(1) The lender claims that the borrower should pay the interest during the period of capital occupation at the annual interest rate of 6% from the date of overdue repayment, and the people's court should support it because the interest rate during the loan period has not been agreed; ?
(2) If the interest rate during the loan period is agreed, but the overdue interest rate is not agreed, the people's court shall support the lender to claim that the borrower shall pay the interest during the capital occupation period according to the interest rate during the loan period from the date of overdue repayment. ?
According to Article 30 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases, the lender and the borrower have agreed on overdue interest rates, liquidated damages or other expenses. The lender may choose to claim overdue interest, liquidated damages or other expenses, or both, but the people's court will not support the part exceeding 24% of the annual interest rate. ?
According to Article 31 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases, if the borrower voluntarily pays interest without agreement, or the interest or liquidated damages exceed the agreed interest rate, and the interests of the state, the collective and the third party are not harmed, the people's court will not support it, except that the borrower requests to return part of the interest exceeding 36% of the annual interest rate. ?
Xiacheng District People's Court-Guiding Opinions of Zhejiang Higher People's Court on Trial of Private Lending Disputes
Tanghe county People's Procuratorate-the Supreme People's Court Provisions on Applicable Law in the Trial of Private Lending Cases