Corporate and personal loan interest is considered to be usu
With the development of the economy, business entrepreneurship, capital turnover, buying a house and buying a car are all reasons for the formation of private lending. If the interest agreement violates the law, it may lead to the emergence of usury.
Usury has disrupted our life order within a certain range and also affected the stability of society. How much interest on corporate loans and personal loans is a usury loan? How to solve the problem of usury disputes? This issue will be shared for you!
First, the interest on corporate loans and personal loans is considered as usury?
Private lending is a civil act and is bound and protected by civil and contract law. In private lending, the interest rate is four times higher than the bank's loan interest rate for the same period, which is a usury. According to Article 211 of the Contract Law: "If the loan contract between natural persons agrees to pay interest, the interest rate of the loan shall not violate the state's regulations on restricting the interest rate of borrowing."
Also according to the Supreme Court The relevant provisions of the "Several Opinions of the Case": "The interest rate of private lending can be higher than the bank's interest rate, but the maximum can not exceed four times the bank's similar lending rate." Therefore, the principal of private lending is protected, no more than the bank's similar loans. Interest rates four times the interest rate are also protected by law, while the excess is not protected by law.
That is to say, the private lenders (including individuals and individuals, individuals and enterprises) can freely agree on the interest of the loan, the interest rate can be higher than the bank's interest rate for the same period, but can not exceed the bank's loan interest rate at the same time, up to four times. Some will be recognized as usury and are not protected by law.
Second, how to solve the loan shark dispute?
Private lending has promoted the development of the economy, but the usury has brought many adverse effects on people's lives and social stability. The main performance is:
(1) The interest rate of usury is too high, causing the borrower to overburden.
(2) The collection of usury loans contains the nature of violence and undermines economic order and social stability.
(3) The arbitrariness of the usury behavior, there is a greater risk, and the disputes and cases caused by the failure to repay the loan on time have increased, which has affected the stability of the society.
(4) High interest rates also increase the burden on enterprises, leading to a vicious circle of corporate capital use.
Usury has gradually become a social cancer, which has appeared in many places because loan sharks are forced to mortgage mortgages, stay away from home, and even commit suicide. On the one hand, the borrower complained about the difficulties that the usury brought to life, but on the other hand, it has no choice but to form a strange circle. So, how to solve the problem of usury?
(1) As part of the usury, the debtor may not pay back the part of the usury, and the creditor’s request for repayment is not protected by law, but the principal and reasonable interest are repaid.
(2) Due to the lawsuit caused by usury, the time limit is two years. From the date of expiration of the repayment period, if the date of repayment is not stated, the maximum time limit for action is 20 years.
(3) Because the loan sharks generated by criminal acts such as gambling are bad debts, they can refuse to repay. If the debt is generated for the needs of the family to live together, both husband and wife must bear the responsibility for repayment. Even if the couple divorced, the creditor can still recover from either party. A party that has agreed not to pay the debt may recover it from the other party after repaying the debt.
(4) Although there is no charge in the criminal law for the loan sharking, the criminal disputes arising in this process, such as intentional injury, must be criminally liable on the basis of the corresponding crime.
The above is the answer to the "how to solve the usury dispute" and "how much interest is a usury".
For the issue of private lending, we must first use laws and regulations to guide, adjust and standardize, protect legitimate and normal private lending, and crack down on usury. In the future, private lending should be included in the scope of supervision, and regulations for managing private lending business should be formulated as soon as possible, and private lending activities should be regulated in a legal form to protect the legitimate rights and interests of private lenders and borrowers and purify private capital markets.