If the arrears are arbitrated, the parties need to perform their obligations according to the arbitration results. If both parties agree on arbitration in the loan contract, after a dispute arises, one party may apply to the Arbitration Commission for arbitration. If the debtor fails to perform the obligations specified in the legal documents, the creditor may apply to the court for compulsory execution of the debtor's executable property.
If the debt is not repaid and both parties agree on arbitration in the loan contract, after a dispute occurs, one party may apply to the Arbitration Commission for arbitration. If there is no agreement in the loan contract, you can only bring a lawsuit to the court. If the debtor fails to perform the obligations specified in the legal documents after arbitration, the creditor may apply to the court for compulsory execution of the debtor's executable property.
There are two kinds of economic disputes:
(1) is an economic contract dispute. Such as sales contract disputes, loan contract disputes, contract disputes, construction contract disputes, technical contract disputes, etc. ;
(2) It is an economic infringement dispute. Such as intellectual property rights (such as patents and trademarks) infringement disputes, ownership infringement disputes and management rights infringement disputes. In the market economy, contract is a legal and universal form for equal market participants to establish trading relations and carry out trading behaviors in pursuit of economic goals. Therefore, contract disputes are the main part of economic disputes.
The prosecution process of borrowing money and not paying it back:
(a) can directly to the court. According to the relevant regulations of the Supreme People's Court, if the borrower's whereabouts are unknown, the lender can prove the existence of the loan relationship, and the court confirms that the loan relationship is clear after accepting it, it can make a default judgment and recover the debt with its property.
(II) For married borrowers, according to the Marriage Law and the Supreme People's Court's "Several Specific Opinions on Handling Property Division by People's Courts in the Trial of Divorce Cases", the lender may demand that the husband's debt be returned to his wife in the following two cases. One of the spouses borrows money in the name of an individual to live together or perform the obligation of raising and supporting. Before marriage, if one party borrows money to buy a house and other property has been converted into the joint property of husband and wife, the loan debt arising from the purchase of the house is regarded as the joint debt of husband and wife.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis: Article 676 of the Civil Code of People's Republic of China (PRC).
If the borrower fails to repay the loan within the agreed time limit, it shall pay overdue interest in accordance with the agreement or relevant state regulations.
Article 678 of the Civil Code of People's Republic of China (PRC)
The borrower may apply to the lender for extension before the repayment period expires; If the lender agrees, it can be extended.
Article 667 of the Civil Code of People's Republic of China (PRC)
A loan contract is a contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest.