Joke Collection Website - Public benefit messages - I owe more than 10 thousand in installments, and they called and texted me that I was going to jail. Is it true?/You don't say. They often call and send messages to family and friends. lawyer
I owe more than 10 thousand in installments, and they called and texted me that I was going to jail. Is it true?/You don't say. They often call and send messages to family and friends. lawyer
Article 108 of the General Principles of the Civil Law stipulates: "The debt shall be paid off. If it is temporarily unable to repay, it may be repaid by the debtor in installments with the consent of the creditor or the ruling of the people's court. Those who have the ability to repay and refuse to repay shall be forced to repay by the people's court. " Article 3 13 of China's criminal law stipulates: "whoever refuses to execute the judgment or ruling of the people's court, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine."
There are two different situations in which the debtor is unable to repay: one is temporarily unable to repay. If this is the case, it can be repaid by the debtor in installments in accordance with the relevant provisions of the above general principles of civil law. The other is permanent inability to repay. If it cannot be paid off permanently, it can only be paid off with the debtor's personal existing property.
1. Private lending is a civil legal act. Lenders and borrowers form a specific creditor-debtor relationship by signing a written loan agreement or reaching an oral agreement, thus generating corresponding rights and obligations. The relationship between creditor's rights and debts is an important part of China's civil legal relationship, which is protected by law once it is formed.
2. Private lending is a contractual behavior between lenders and borrowers. Whether the borrower and the borrower form a loan relationship, as well as the loan amount, loan object and loan term, depends on the written or oral agreement between the borrower and the borrower. As long as the contents of the agreement are legal, they are allowed and protected by law.
3. The premise of the establishment of private lending relationship is the actual payment of the loan. Whether the borrower and the borrower form a loan relationship requires the lender to deliver money or other securities to the borrower in addition to the contents and meanings of the loan target, amount and repayment period, before the loan relationship can be formally established.
4. The subject matter of private lending must be the property owned or controlled by the lender. The loan relationship formed by the property that does not belong to the lender or the lender has no control right is invalid and not protected by law.
5. Private lending can be paid or unpaid, and whether it is paid or not shall be agreed by both parties. The lender can only ask the borrower to pay interest when repaying the principal if it is agreed in writing or orally in advance. Legal characteristics of private lending Private lending is not only a legal phenomenon, but also an economic legal phenomenon.
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