Interest Agreement On Private Loans Of Natural Persons

Interest is a very important issue in private lending.Consult the network of Peking University magic and the network of Chinese judgment documents will find that almost every year there are more than 10,000 cases related to the dispute of interest agreement,almost every year there are more than 2,000 cases of second instance,and more than half of the cases with the dispute of interest agreement between natural persons as the focus of the dispute,indicating that there are still some doubts in the judicial judgment of this issue.Through nearly 10 years between 2011 and 2019 private borrowing contract case related judicial judgment,the author found in the trial of cases involving interest agreement between natural persons in the following questions: first,the judge agreed that interest on written non-standard too simple summary,so as long as prescribed directly without specification as interest is unknown;Secondly,when the facts are ascertained,the subject is distinguished,different standards are applied,and the obligation of contract interpretation is not fulfilled for the facts of loan interest between natural persons.In the existence of interest agreement but the interest rate standard is not clear,there is a lack of uniform judgment standard.Based on the problems in the judicial judgment,this paper analyzes article 211 of the contract law,"if there is no agreement or the agreement is not clear on the payment of interest in the loan contract between natural persons,it shall be deemed that the interest will not be paid.And article 25 of the provisions of the supreme people's court on several issues concerning the application of law in the trial of cases concerning private lending: "where the agreement on interest is unknown between natural persons in the loan,and the lender claims to pay the interest,the people's court shall not support it.Except for loans between natural persons...." Then it analyzes the interest agreement between natural persons in private lending cases,the core of which is the unclear interest agreement.Of this article discusses according to the following pattern: the first analysis of the problems existing in the judicial referee,comb and summarize related law of historical development,analyzes the meaning of the law and apply again,finally aimed at the problems existing in the judicial judgment,from the fact that interest prescribed non-standard,interest,interest standard is not clear,the influence of the main body of the fact that these four aspects are also proposed.