Legal analysis: as long as it meets the same effective elements, it is effective.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 143 A civil juristic act that meets the following conditions is valid:
(1) The actor has corresponding capacity for civil conduct;
(2) the meaning is true;
(three) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.
Article 144 A civil juristic act performed by a person without capacity for civil conduct is invalid.
Second, is the online loan contract valid?
Customers are advised to choose formal channels to apply for loans, such as ABC's "Netjet Loan".
Netjet loan refers to a small consumer loan issued by Agricultural Bank of China to individual customers of Agricultural Bank of China who meet certain conditions, with self-application, quick receipt and self-credit.
Online lending has realized the processes of self-service application, automatic approval, online signing of credit contract and self-service credit use. The application process is as follows:
(1) The borrower logs into the online channels (personal online banking and pocket banking) designated by Agricultural Bank of China, and enters the "Netquick Loan" application interface.
(2) The borrower understands the product situation, basic loan conditions and handling procedures of NetJet Loan.
(three) fill in the basic information, the proposed loan period, loan and repayment account, mailing address, etc.
(4) The system verifies the validity of the mobile phone number.
(5) Signing the Power of Attorney for Personal Credit Business online.
(six) to confirm the loan information, the amount and purpose of the loan application.
(7) After the applicant reads and signs the Personal Self-help Micro-credit Consumer Loan Contract online and completely fills in the application information, he submits the loan application.
The maximum loan amount is 300,000 yuan and the minimum is 3,000 yuan; The specific amount of the customer will be approved according to the customer's business situation in ABC.
3. Don't cross-provincial online loans need to be repaid?
Inter-provincial online loans need repayment. Users need to be clear that there is a civil relationship between themselves and online loans, which means that the borrowed money must be returned. Even if the online loan does not lend, it can only show that the online lending institution lends illegally, and if the user does not pay back the money, the online loan will be accepted.
All in all, users still need to repay on time after handling cross-provincial online loans. Failure to repay on time will not only affect personal credit information, but also be affected by lending institutions.
Online loan, mbth is the abbreviation of Internet loan, including personal peer-to-peer lending and commercial peer-to-peer lending. P2P online lending refers to direct lending between individuals through the Internet platform. It is a sub-category of the Internet finance (ITFIN) industry. The number of online lending platforms has increased rapidly, with 35 active platforms at present, 3,054 at the end of April 1965, and 438+2005.
The essence of internet finance still belongs to finance, and it has not changed the characteristics of financial risks such as concealment, contagiousness, extensiveness and suddenness. Strengthening the supervision of Internet finance is to promote Internet finance.
At the same time, Internet finance is a new thing and a new format. It is necessary to make room for innovation and promote internet finance.
Internet financial supervision should follow the business boundaries and access conditions of "legal supervision, moderate supervision, classified supervision, collaborative supervision and innovative supervision", implement supervision responsibilities, clarify the bottom line of risks, protect legitimate operations, and resolutely crack down on illegal activities.
Peer-to-peer lending includes personal peer-to-peer lending (P2P peer-to-peer lending) and network. Personal peer-to-peer lending refers to direct lending in Taiwan Province.
Direct lending on the personal peer-to-peer lending platform belongs to the category of private lending and is regulated by laws and regulations and relevant judicial interpretations of the Supreme People's Government. Network refers to small-scale families controlled by Internet companies.
The network should abide by the existing company supervision regulations, give full play to the advantages of online loans, and strive to reduce the financing costs of customers. Person to person loan business
In the continuous exploration and practice of P2P online lending, it is suggested that credit loans should be jointly guaranteed by relatives and friends, and other loans should be counter-guaranteed. At the same time, the enterprise loan project introduces a third-party financing guarantee company to audit and guarantee the project principal and interest, and requires that its guarantee scale should match the guarantor's guarantee amount, and the guarantor should also strengthen its own risk control management.
4. Is the inter-provincial loan contract valid?
Inter-provincial online loan contract is invalid. Really?
1. The inter-provincial loan contract is invalid if it meets the legal situation that the contract is invalid. If the contents stipulated in the inter-provincial loan contract are legal and valid, then the contract is valid. If users want to know whether the inter-provincial loan contract is valid, they can directly consult a lawyer or ask someone who knows the law to help them check.
2. In fact, as long as the contents of the loan contract are not illegal, and the lending institution has issued the loan according to the contract, the loan contract will generally take effect.
Provisions on online loans
1. China has strict qualification requirements for lending. Only when it holds a financial license issued by the regulatory authorities and enjoys rights and interests, it is a legal loan.
2. Some platforms distribute and earn high interest. It is illegal to engage in formal loan business without approval. Lending is repetitive and regular, and the purpose of lending is business. The private lending contract signed is invalid because it violates the mandatory provisions.
Network loans need to meet the following conditions
1. Borrower 18 years old or above;
2. The borrower has full capacity for civil conduct;
3. The borrower has good credit;
4. The borrower submits relevant user information;
5. The borrower has the ability to repay the loan;
6. Other conditions stipulated by the online lending platform.
How to negotiate repayment for overdue online loans?
1. Active negotiation. You don't have to wait for the online loan collection phone to negotiate. Before loans overdue, you can take the initiative to contact online customer service to discuss repayment, give a buffer period or immediately waive loan interest. Online customer service can call more times if it doesn't agree.
You need to be sincere, don't just say that you have no money. They are tired of doing so. You can tell your difficulties, express your good willingness to repay, list your repayment plan, show that you have work income, and try to raise funds.
3. Keep the evidence. If there are violations such as membership fees and audit fees in online loans, or there is a phenomenon of violent collection, you can keep relevant evidence, understand certain legal knowledge, negotiate, pay attention to the proper use of words, and do not use language violence.
Tips: Generally speaking, inter-provincial online loan contracts are still valid. If the online loan owes money, please repay it as soon as possible.