Interest Claims Research

Debt relationship is a complex organisms, It is not in constant state, but changes as time goes on. After it happens, it may grow, aging, or destroyed. Interest is just the product of debt relations grow. Now, property-moving relationship developed highly, so the importance of creditor-debtor relationship and the interest claim is self-evident. However, the interest claim of our country is still in the phase of research and development, there are many problems to be solved in theory and in practice. The author claims interest claim as the theme, in the base of researching and analysing to the legislative of interest claim, judicial and banking practice, and then puts flaws and insufficientes forward the system of interest claim, to hope perfect our interest claim system. Full text is divided into three parts altogether:The first part, the interest and interest claims. The nature of interest cannot treat as the same. Considering the particularity of bank loans, the essence of interest should be summarized as a kind of legal fruits accruing or interests for payment that according to the original amount,duration and a certain percentage. Social function of interest claim shows in three aspects:The first, it can ensure its substantial, just mean that the creditors may realize their claims; the second, interest claims guarantee everyone "live like real life"; the third, interest claims to ensure that its more like claims.The second part, the banks and judicial practice of interest claim in our country. The first, in order to protect the debtor and make him away from unnecessary debt tired, law stipulated the right of liquidation before agreed repayment period. However, The practice of liquidation before agreed repayment period is widely divergent from the law, it cannot to be come true. The second, interest first deducted means that both parties agree to deduct good interest calculated beforehand. Our country's law expressly prohibit such behavior. The third, Interest claim's priority refers to interest claim is priority in debt. Our mainland and Taiwan legislation are admitted this priority. The fourth, to interest rate, our law set two special restrictions:the one is the limitation for interest rate of bank; the other is the highest rates of folk lending. The fifth, the delay interest divided into two kinds, one is not delay of execution time limit and the other is delay of execution time limit. The sixth, introduces the practice of our bank payment by installment situation.The third part, the opinions and thinking about the interest claim system. First, the author thinks rent charge should can generate interest. Secondly, civil law of China mainland about liquidation before agreed repayment period is considered too simple and ambiguity, lead to the legal provisions about liquidation before agreed repayment period do not have practical in practice, and protection efforts obvious not enough to the debtor. Meanwhile, it is also considered lack of protection for the creditor's rights. Again, the author thinks that the reasons about interest first deducted not fully, the law should remove banned for interest first deducted. Finally, it is not have sufficient theoretical basis to allow interest creditor's right to seek preferred payments in our country, it is not have special legal effect in practice also.