Extended data:
Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases
Article 24? If the parties sign a sales contract as a guarantee for the private lending contract, and the borrower cannot repay the loan after the loan expires, and the lender requests to perform the sales contract, the people's court shall try the case according to the legal relationship of private lending, and explain the change of the litigation request to the parties. If the parties refuse to change, the people's court shall rule to dismiss the prosecution.
After the judgment made in accordance with the legal relationship of private lending becomes effective, if the borrower fails to perform the monetary debt determined by the effective judgment, the lender may apply for auction of the subject matter of the sales contract to pay off the debt. The borrower or lender has the right to demand the return or compensation of the difference between the auction proceeds and the repayable loan principal and interest. ?
Article 26? If the interest rate agreed between the borrower and the borrower does not exceed the annual interest rate of 24%, and the lender requests the borrower to pay interest at the agreed interest rate, the people's court shall support it.
The interest rate agreed between the borrower and the borrower exceeds the annual interest rate of 36%, and the interest agreement in excess is invalid. The people's court shall support the borrower's request to the lender to return the part of the interest paid that exceeds 36% per annum. ?
References:
Provisions of People's Republic of China (PRC) and the Supreme People's Court on the Trial of Private Lending Cases