Joke Collection Website - Public benefit messages - Excuse me, I owe Ping An Pratt & Whitney a loan of 50,000 yuan, and I have already paid back more than 50,000 yuan. There is really no money to pay back now. Is it true that Ping An sent a text messag
Excuse me, I owe Ping An Pratt & Whitney a loan of 50,000 yuan, and I have already paid back more than 50,000 yuan. There is really no money to pay back now. Is it true that Ping An sent a text messag
First of all, borrowing from the app is a civil act, not a criminal case. After receiving the short message for filing a case, the subject should verify the corresponding litigation information with the sued court, such as the specific court, the judge in charge, whether the court mailed the summons, and what the mailing address is. It is less likely that the court will file a case by SMS. The subject must first rule out the risk of being cheated.
Secondly, the subject should carefully read the loan agreement signed before. In particular, the relevant provisions on loan interest. Measure whether the loan interest conforms to the relevant provisions of the state. China's civil code clearly stipulates that high-interest lending is prohibited, and the lending rate shall not violate the relevant provisions of the state. If there is no agreement on the payment of interest in the loan contract, it shall be deemed that there is no interest. If the loan contract does not specify the payment method of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined according to the local or the parties' trading methods, trading habits, market interest rates and other factors; Loans between natural persons are regarded as interest-free.
Finally, if the lender requests the borrower to pay interest at the interest rate agreed in the contract, the people's court shall support it, except that the interest rate agreed by both parties exceeds four times the market quotation of one-year loan at the time of the establishment of the contract. The "one-year loan market quotation" mentioned in the preceding paragraph refers to the one-year loan market quotation issued monthly by the National Interbank Funding Center authorized by the People's Bank of China from August 20th, 20th, 20th19th. In other words, if the interest is higher than the interest stipulated by law, the subject can no longer repay it.
civil law
Article 667 A loan contract is a contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest.
Article 668 A loan contract shall be in written form, unless otherwise agreed between natural persons.
The contents of a loan contract generally include terms such as loan type, currency, purpose, amount, interest rate, term and repayment method.
Article 670 Interest on a loan shall not be deducted from the principal in advance. If the interest is deducted from the principal in advance, the loan will be repaid according to the actual loan amount and the interest will be calculated.
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