Must be aware of the problems in the private lending
folk debit and credit are based "ious" representative in the form of a contract, although simple, but because the ious are too simple, where there is a dispute it's hard to with this process. So both lenders and borrowers the best signed loan contracts, determines in detail the rights and obligations of the parties, so as not to leave future trouble. Of course, if the promissory note or contract in writing between the parties does not, but both acknowledged borrowing of, can confirm that the lending relationship between the Parties present. Legitimate
interest payments agreed to in private lending, borrowers tend to generate conflicts of interest. Law has clear provisions: (1) the borrowers have no contract rate dispute, could not prove, can refer to similar loans carry interest at a rate of banks.
(2) the parties have agreed standard dispute of interest rates, can not exceed Bank lending rate 4 times times of a similar standard to determine its interest rates.
(3) in an interest-bearing loan, the interest rate may be appropriate above the bank rate, but shall not exceed 4 times times the bank interest rates on similar loans, shall not engage in usury. If more than 4 times (at the current rate, is 4 times more than 29 points) doesn't matter, up to when there is a dispute, the Court does not protect the excess, but when there is no dispute, you can get higher yields. Note This article does not have a punitive.
(4) the lender shall not be compounded interest into principal, otherwise it is not protected by law. In judicial practice, the provisions of this article have some punitive, if you violate the rules, may be ruled by the Court to pay interest on the loan interest rate in the same period, then you had agreed multiple of may or could have advocated going back to back.
(5) parties for borrowing in foreign currency, Taiwan and other disputes, lender requirements to similar monetary reimbursement may be granted. Borrowers have no similar currency, can refer to the pay the exchange rate equivalent to reimbursement. Lenders require the payment of interest, can refer to the Bank of China's foreign currency deposit interest rates.
Note the purpose of identifying borrowers prevent malicious borrowing
bad lending refers to the object pointed to by borrowers to raise funds for illegal purposes loan relationships. For this loan, the General principles of civil law in our country and lending cases before the Supreme People's court opinions are clearly defined: the lenders knew the borrower is borrowing for illegal activities, the loan will not be protected. Lenders do not profit, and think borrowing money, granted, but when he (she) money doing illegal things, should also, law charge.
to take appropriate measures to ensure that the creditor's right secured the smooth realization of
in order to ensure financial security, loan process, appropriate and flexible use of some security measures, will make credit risk as bottomed out. Loan, guarantee or personal property, real estate mortgage, borrowers cannot pay back due borrowings can be carried out by the guarantor in place of borrower repayment obligations, or mortgage of chattels, real estate sale, proceeds from the sale of priority pay off the loan, so as to avoid the risk of losing accounts. In practice, the guarantee law and relevant laws and regulations more stringent requirement of guarantees provided, such as some mortgages need to become registered, its highly specialized, citizens used in loan guarantees, preferably seek professionals such as lawyers, took action to ensure that guarantees the effective establishment.
pay particular attention to limitation of action
private lending as most occurred among friends and relatives, many people did not pay due attention to it. Guessed, some of the rowdier drilled the loophole, take the form of default, long drag, avoiding to evade payment of debts. Reminder: 2 years from the date of the expiry of the period of repayment, is the law of the Statute of limitations. In the meantime, you must assert a claim to the borrower, after 2 years, your creditor's rights will not be protected by the courts without specifying the date of repayment, for maximum limitation of 20 years.
use of procedural skills to protect claims to maximize
as the legitimate claims of creditors against the debtor, creditors often actively seeking legal protection. In the course of litigation, creditors may also take some interim measures to maximize claim. The most typical is the litigation preservation measures provided for in the code of civil procedure, as appropriate, accurate use of litigation preservation measures will give the courts the smooth implementation of the legal instruments in force, to avoid the "won, lost the silver" negative phenomena appear.
deal with disputes and flexible
way of dealing with private lending disputes include negotiation, mediation, arbitration and litigation, and so on. Here is the fourth mode of the special need to promote: "action", which specified a simple legal procedure, which supervise the program. 1991 amending the civil procedure law set up the program. In accordance with the law, for the fact that more clearly, a small debt, the creditor may apply to the Court for payment order directly require debtors to repay their debts. And within the stipulated time, the debtor if there was no objection, the payment order is legally effective. If it does not fulfill the repayment obligations of the debtor, the Court may impose compulsory implementation.