01,
The portion of the private loan exceeding 15% per year will not be repaid
There are some people in life who cannot borrow money for a while due to difficulties in life. Therefore, they borrowed high-interest loans from the people.
Some people have loan interest of more than 20%. The harm of loan sharks not only makes oneself miserable, but also drags down the whole family. It may also lead to the destruction of some homes.
In the news, we sometimes see; there are people who commit suicide because of loan sharks.
In fact, life is more important than money, why can’t these people think about it, so we must stay away from usury.
According to the Civil Code, the portion of private loans exceeding 15% of the annual interest does not need to be repaid. High interest loan, no need to pay high interest.
02
The debt owed by the father is the personal debt of the father, and the child may not use it Repayment
Repayment of a father’s debt in life is legal under certain circumstances.
However, when it exceeds a certain range, it is not necessary for the father and son to repay the debt.
Example: There is a father who left a house inheritance of 1.5 million. However, when the son inherited it, he found out that the tax on the house he inherited was about 30,000 yuan.
And my father borrowed 400,000 yuan from relatives and friends to buy a house. There is also a mortgage of 800,000 yuan. 150,000 yuan car loan. The parents owe a total of $100,000 on their credit cards. Huabei owes 80,000 yuan.
In this situation, the son thinks that the inheritance is not worthwhile; so the son decides to give up the inheritance.
The new Civil Code stipulates that the debt owed by the father belongs to the father’s personal debt, and is borne by the father himself, and the children do not need to repay.
It is not legal to repay the debt of the father and son.
03: For adult children, the debts of the children are borne by the children, and the parents are not obliged to repay the debts for the children.
According to the Civil Code, the debts of adult children with full capacity for civil conduct shall be borne by the children themselves, and the parents are not responsible for repayment.
However, if the adult child dies, this involves the issue of inheritance.
The heir will pay off the debt of the deceased adult child.
However, the amount is limited to the actual value of the estate of the deceased adult child.
Another situation is the limitation of civil capacity, or the debts owed by children without civil capacity, the parents, as their guardians, should pay for the children.
04: Gambling debts do not need to be repaid
According to the Civil Code, the lender knows the borrower for the purpose of borrowed for illegal activities. Its lending relationship is not protected.
First of all, gambling is illegal in our country, and all gambling activities are not protected by law.
Therefore, gambling debts are also illegal debts, so they do not need to be repaid.
05: The debt owed by the husband outside, the wife does not know about, nor does it sign, belongs to the husband’s personal debt.
According to Article 24 of the Marriage Law, if a creditor claims rights for debts borne by one spouse in his own name during the period of the marriage relationship; Debt handling.
However, one spouse can prove that the creditor, and the debtor expressly agreed to a personal debt, or can prove that it belongs to the marriage law, except for the situations stipulated in Article 19 and paragraph 3.
06: Fees that are forcibly deducted when borrowing money do not need to be repaid
Forcibly deducting fees when borrowing money The fee is called beheading.
Debit interest refers to the act of deducting the loan interest from the principal in advance. That is, the loan amount is the amount after deducting the interest, and after the loan term, the loan amount needs to be repaid.
Usually the interest rate for the head cut is higher. And this behavior is illegal and not protected by law.
For example: the lender lends 10,000 yuan to the borrower, but when paying the borrower, 2,000 yuan of interest or service fee is directly deducted.
The borrower actually received only 8,000 yuan. between the borrower and the lenderThe IOU, or contract, is 10,000 yuan.
The amount recorded in the IOU or contract is greater than the actual amount borrowed.
Therefore, according to the law, the beheading does not need to be paid. These fees, which are mandatory deductions when borrowing money, do not need to be repaid.
For example, as mentioned above, the deducted 2,000 yuan does not need to be returned.
07: The other party does not have to repay the debt before marriage
In marriage, some people There will be some pre-marital debts. Pre-marital property is personal property, and pre-marital debt is also personal debt.
The other party is not obligated to repay. So borrow as much as you can. Don’t spend blindly. To protect your rights according to the law.
Another situation is that if one party takes a mortgage loan to buy a house before marriage, and the husband and wife live together or use it together after marriage, it can be converted into a joint debt after marriage.
Because, to determine the causal link between one party’s pre-marital debt and living together after marriage.
It should be comprehensively judged based on the debtor’s purpose, purpose, and the needs of both parties to live together after marriage.
Therefore, premarital debts in most cases are actually personal debts belonging to one party.
Only in special circumstances, it will be treated as a joint debt of husband and wife.
The pictures in this article come from the Internet.