The economic exchanges between people in life are becoming more and more frequent, and the situation of borrowing money from each other is increasing. Private borrowing money is easy to return. The primary question that lenders should consider when lending money to others is whether the other party will pay back the money. What should the borrower do not pay? If the lender wants to sue, can he sue at any time, and how to determine the statute of time for private lending?
Difficult debt rights
1. What should the borrower do not pay?
1. If you don’t make a loan, can you still return money?
According to the Supreme People's Court's "Opinions on the People's Courts' Trial of Lending Cases", the borrower shall provide the necessary factual basis if there is no written evidence. Therefore, in the absence of a loan, the lender should provide other evidence that can be corroborated, such as the witness testimony, the guarantor’s written or oral evidence, the relevant evidence of the collateral, the evidence of the loan, the evidence of the partial repayment, and the explanation. Evidence that the borrower fails to repay the reasons. If the above evidence is sufficient to prove that the debts of both parties exist, the lender can still sue.
2. What should I do if I have made a loan and did not write a repayment period?
China's "Contract Law" stipulates that if the parties have not agreed on the repayment period, the borrower may repay the loan at any time, and the lender may also request the other party to return, but the borrower must be prepared for the time. If the other party still refuses to repay the loan after the lender has lodged a complaint, the lender may also refer to the bank's similar loan interest rate to pay interest from the date of the reminder.
Second, how to determine the time limit for private lending
There are two cases of non-lending term contracts and time-limited lending contracts.
1. Time limit for borrowing with repayment period: The statute of limitations system for private loan disputes generally applies the general statute of limitations for two years. If the repayment period expires, the borrower does not return the loan after the loan expires. The lender knows that the claim has expired. If the debtor fails to repay the arrears and the rights are violated and not pursued, that is, the date when the rights are infringed (the maturity date of the loan) is not claimed within two years, that is, the statute of limitations is exceeded.
2. Time limit for borrowing without repayment period: In practice, there are a large number of loan contracts with no repayment period. The statute of limitations for these disputes can be applied to special statute of limitations. If it meets the requirements of Article 137 of the General Principles of the Civil Law, it may apply for a special statute of limitations for 20 years instead of the statute of limitations for two years. Otherwise, it will damage the interests of creditors and violate the principle of fairness. If an indefinite loan contract exceeds 20 years of statute of limitations, the right to win is lost. However, the statute of limitations is usually calculated two years from the date the lender knows that the claim has been infringed. Exceeding the statute of limitations, the original debt becomes a natural debt and does not have enforcement power.
In short, in order to prevent the borrower from paying back the money, the lender must understand what the borrower is not paying. If you do not have a loan or a loan, you can find the borrower according to the above tips. If you don't know how to do it, you can consult the company. The company specializes in the company and the individual. Receive all kinds of arrears, welcome customers to inquire!