Legal analysis: beheading interest is illegal, and whether beheading interest is a routine loan mainly depends on the terms of the contract. In practice, without the borrower's knowledge, if the contract induces the borrower to sign a "loan" agreement or related agreements for false reasons such as "deposit" and "rules", it is regarded as a regular loan. However, if the contract clearly stipulates the extension of beheading, and the meaning of both parties is clear, even if the borrower thinks that his interests have been damaged and does not agree, it will only be counted as a civil dispute, not as a regular loan. The law does not support beheading interest, and interest is deducted in advance. The amount deducted in advance is not included in the loan amount, and the loan amount is determined by the actually paid amount. Beheading interest refers to usury or underground banks. When lending a loan to a borrower, a part of the money is deducted from the principal, which is called "beheading interest". According to the law, the loan interest shall not be deducted from the principal in advance. If the interest is deducted from the principal in advance, the loan will be repaid according to the actual loan amount and the interest will be calculated. Therefore, beheading is illegal and can be prosecuted, but no sentence is required.
Legal basis: Article 670 of the Civil Code of People's Republic of China (PRC) stipulates that the loan interest shall not be deducted from the principal in advance. If the interest is deducted from the principal in advance, the loan will be repaid according to the actual loan amount and the interest will be calculated.
What do you mean by beheading? Is it legal?
; ? In private lending and online small loan products, beheading interest has been repeatedly banned, and the hidden rules of online lending have been formed. Although the supervision is repeated, the packaged "beheading interest" still exists in the market. In the current small loan industry, beheading is packaged into consulting fees, fast handling fees, accelerated audit fees and other items. So what does decapitation mean? Is it legal? Come and answer for everyone!
What do you mean by beheading?
Beheading interest refers to a usurer or an underground bank that deducts some money from the principal when lending to the borrower. This money is called beheading interest.
However, in the actual peer-to-peer lending, beheading interest becomes consulting fee, handling fee and service fee, which is deducted from the loan principal in advance, resulting in the loan amount not being consistent with the contract amount at all, breaking through the legal interest ceiling of private lending in disguise, resulting in a large number of disputes.
Is beheading legal?
According to Article 200 of China's Contract Law: "The interest of the loan shall not be deducted from the principal in advance. If interest is deducted from the principal in advance, the loan shall be repaid according to the actual loan amount and interest shall be calculated. "
From the above, it can be seen that the beheading interest is not protected by law, and the money collected cannot be counted as the loan amount, and if the amount of various fees collected reaches the legal upper limit of 36% annual interest rate, there is no need to pay it.
What does "decapitation" mean? Is it legal? "I gave you the relevant answer here. I hope that after reading it, everyone can protect their rights and interests according to law and try to choose a formal platform to borrow money, so as not to cause personal economic losses.
Is beheading legal? How did the court handle it?
; ? In daily life, many people sometimes need to borrow money. A friend chose private lending for convenience and speed, and was beheaded as a result. Many friends came to ask: Is beheading legal? How did the court handle it? Let's talk about beheading here.
According to the law, beheading is illegal. In the existing laws, there are two legal provisions that clearly explain the situation of beheading. Details are as follows:
1, the Contract Law stipulates that the loan interest shall not be deducted from the principal in advance. If the interest is deducted from the principal in advance, the loan will be repaid according to the actual loan amount and the interest will be calculated.
2. The Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases clearly points out that the loan amount specified in debt certificates such as IOUs, receipts and IOUs is generally recognized as the principal. If interest is deducted from the principal in advance, the people's court shall confirm the actual amount lent as the principal.
According to the above two laws, beheading is completely illegal. In the case of beheading interest, the court often calculates interest according to the actual loan amount. As a borrower, the actual annualized interest paid is generally within 24% and will not exceed 36%. If the actual annualized interest rate paid by the borrower has exceeded 36%, the lender may be required to refund the part exceeding 36%.
Generally speaking, beheading is illegal and the court will not protect it. For the borrower, it is only necessary to repay the principal and interest according to the actual amount.
Is beheading illegal? Can you restore it?
"beheading" is illegal and not protected by law.
According to Article 670th of the Civil Code of People's Republic of China (PRC):
The loan interest shall not be deducted from the principal in advance.
If the interest is deducted from the principal in advance, the loan will be repaid according to the actual loan amount and the interest will be calculated.
If the borrower claims to deduct interest from the loan principal in advance, it shall bear the burden of proof.
The court will comprehensively determine it according to the settlement rules, loan contract and transfer voucher of both borrowers and lenders.
Therefore, the borrower should keep the loan voucher, transfer voucher, WeChat and SMS records of both parties, audio and video recordings and other evidence.