Research On The Application Of Overdue Interest Of Acceleration Clause In Bank Loan Contract

The current laws and regulations of China,Article 673 of the Civil Code and Article71 and Article 72 of the General Rules for Loans,clearly stipulate under what circumstances the lender has the right to stop payment of the loan and recover all or part of the loan in advance.In addition,banks and other financial institutions,as lenders,often set the "accelerated maturity clause" of loans in the form of standard terms when concluding loan contracts with borrowers,which stipulates that when the borrower defaults or other specific situations occur,the lender can unilaterally announce the maturity of the loan in advance,so as to prevent and control its capital risks.However,in practice,there is no explicit legal regulation on the legal nature of the accelerated maturity clause,and there are differences in the provisions and interpretations of the accelerated maturity clause among banks,resulting in many judicial disputes in practice.After the accelerated maturity clause is initiated,the debtor is forced to change the original debt plan,which makes it more likely to cause delay in performance.The corresponding overdue penalty interest and liquidated damages are also calculated from the date of delay in performance.When commercial Banks collect early maturing loans,usually claim since accelerating maturity date is still all outstanding loan collecting overdue interest,the court in the judicial practice on the part of the determination and penalty is different: one view declared request to pay interest on overdue loan is due in advance and double relief and does not support the claim;Another view is that when a loan matures early,it should start charging penalty interest.First of all,this paper introduces the differences in the application of this clause in the process of specific judicial practice through the study and analysis of specific practical cases,that is,the calculation of overdue interest after accelerating the maturity of the loan.And through the data retrieval and analysis of judicial practice cases in recent years,it clarifies the reasons and advantages and disadvantages of the two interest calculation methods in the judicial judgment.The determination of overdue interest and compound interest rate after accelerated maturity is discussed.Then,in this paper,for accelerating maturity terms and conditions of the legal nature of a detailed elaboration,and based on this attempt from different angles on the specific terms and penalty rules applicable effect is explained,were discussed in terms of termination right,conditional clause and the liability for breach of said perspective alone,after the loan is due to accelerate payment rules apply and calculation of related problems.Finally,based on the loan is due to accelerate after the overdue interest calculation analysis of the specific practice to solve the judicial practice for confirmation and calculation of the amount of such part of the problem,and the system of terms and the applicable terms and conditions of the trigger condition,prepositional procedure,applicable limits on the clause and other related problems on legislation and judicial practice,perfect the related system and the judicial practice to provide certain reference.The accelerated maturity of the loan contract is the significant interest adjustment of the lender in the event of the borrower’s default or the agreed causes,and its applicable norms and restrictions should be clarified.Its subsequent penalty applicable and confirmation should also be legal regulation,in this paper,in combination with case study and on the basis of legal argument,to clarify the problems in the practice,through analysis and research on the practical problem,in order to promote the bank loan is due to accelerate the specific judicial application of clear and unified,Suggestions for accelerating the maturity of loans and the application of penalty interest rules and the improvement of judicial practice are not only helpful to solve the dispute in judicial practice,but also helpful to the calculation and determination of overdue interest and compound interest amount after accelerating the maturity of loans,which has strong practical significance.