In life, many people choose to borrow from relatives and friends when they are in difficulty and need capital turnoverMost of the private lending behaviors occur between two natural persons who know each other well。In this case, the borrower and the borrower do not have the most basic information based on trust or affectionRisk prevention and evidence awarenessIt often happens that the lender does not require the signing of a formal loan contract or the borrower does not keep the repayment voucher, which eventually leads to a rift between close friends, relatives and friends, or even a court case. So,As a natural person, how to prevent borrowing risks?
Fundamentals of borrowing risk prevention
It is necessary for the establishment of a private loan contractTwo requirements are met:First, the two parties have formed an agreement on lending;The second is the actual delivery of the loan money.
1. Loan agreement
Loan agreement means that the borrower must have an expression of intention to borrow from the lender, and the lender must also have a commitment to lend money to the borrower. In practice, some lenders rely on trustMake verbal borrowingIf the borrower is unable to provide relevant written evidence to prove the loan agreement, the borrower may defend itPayment is made to repay previous borrowings or other debts incurred by the parties.
"Words have no evidence, words are proof".Written evidence is the most effective evidence to prove that the two parties have formed an agreement to borrow money. Therefore, it is better for both the borrower and the borrower to adopt itSign a legal and valid loan voucher in writingSuch as IOUs, loan contracts, etc., and in written vouchersBe explicitImportant matters such as the amount of the loan, the repayment period, and the interest to avoid disputes due to unclear agreements.
2. Payment Delivery
In accordance with the relevant legal provisions, between natural persons,It can be determined that the loan has been deliveredThere are several types of situations:
If the payment is made in cash, the borrower receives the loan;
If the payment is made in the form of bank transfer, online electronic remittance, etc., the funds shall reach the borrower's account;
If the bill is delivered, the borrower shall obtain the right to the bill in accordance with the law;
The lender authorizes the borrower to have the right to control a specific fund account, and the borrower obtains the actual right to control the account
The lender provides the loan in other ways agreed with the borrower and actually performs it.
In practice, cash payments, bank transfers, online electronic remittances and other forms are common payment delivery methods. Lenders are advised to use WeChat, Alipay, mobile banking, etcOnline platform to deliver payment, andLeave a messageUse of Money;If it is delivered in cash, it is best to do so at the time of deliveryPhotographing, videotaping, or proof of the presence of a third person, or ask the borrowerPresent the receiptto prove that the payment has actually been made. The borrower is inWhen repaying the loanThe above methods should also be used to leave proof of repayment.
3. Avoid invalid situations
If it is recognized by the people's courtThe loan contract is invalidThe lender can only require the borrower to return the principal and bear the liability for damages according to the degree of fault. Therefore, the lender wants:Avoid the followingCircumstances in which a private loan contract is invalid:
Arbitrage of loans from financial institutions for on-lending;
Relending funds obtained by borrowing money from other for-profit legal persons, raising funds from employees of their own units, or illegally absorbing deposits from the public;
Lenders who have not obtained lending qualifications in accordance with law provide loans to unspecified targets in society for the purpose of making profits;
The lender knew or should have known in advance that the borrower was borrowing money for illegal or criminal activities, but still provided the loan;
Violation of mandatory provisions of laws and administrative regulations;
Contrary to public order and good customs.
Other considerations
When signing the written borrowing voucher, the borrower shall:Personally signed and stamped, in strict accordance with iton the identity cardsigned by the name of the borrower, along with the ID number, and the borrower is retainedA copy of your ID card
If the borrower is married, it is necessary to clarify whether the borrower is a joint borrower, and it is best to ask for itSigned by both husband and wifeProof of borrowing.
Lenders and borrowersYou can agree on the interest rate of the loanIf there is no agreement or the agreement is unclear, it shall be deemed to have no interest, and the interest on the loan between natural personsUpper limit of judicial protectionIt is four times the market interest rate of the one-year loan at the time of contract formation.
Interest on borrowingsIt cannot be deducted from the principal amount in advance。If the interest is deducted from the principal in advance, the loan shall be returned according to the actual amount borrowed and the interest shall be calculated.
.Both the borrower and the borrower canMake your own arrangementsOverdue interest, liquidated damages, etc., are allowed in the absence of an agreementRefer to the loan interest standard agreed by both partiesCalculate overdue interest.
The lender may request a third partyas a guaranteeto reduce the risk of borrowing, pay attentionReview of guarantorsWhether it has the ability to pay off debts.
Don't worry if you encounter a loan dispute, it is recommended that you join the legal insurance networkObtain professional legal guidance, review relevant texts before borrowing, identify loopholes, improve terms, and reduce loan risksIf the arrears cannot be recovered, you can collect evidence under the guidance of professional legal counsel, and choose to send a letter or lawsuit to recover the arrears at low cost and high efficiency.
*From the Internet, invaded and deleted.