Will the family suffer from a loan from the bank?-CFE - ChineseMicroNews

Will the family suffer from a loan from the bank?

Inheritance succession law of succession criminal law

huanqiulaohucaijing· 2017-09-27 00:41:40

" in the mortgage interest rates increased, Shoufu ratio increased in the context of consumer loans turned down payment loan situation a stirring among the dry bones in the part of the city. Wind data show that residents of short-term consumer loans this year, an explosive growth, in 2017 1~7 months, residents of new consumer short-term loans 1 trillion and 60 billion yuan, far exceeding last year. Consumer credit irregularities into the property market, raising the purchase lever, residents repayment pressure increased significantly. So what happens if the loan from the bank can not be repaid on time? As the saying goes, "the father of debt also" whether there is a legal basis? Listen to the small M below for your detailed explanation.

", a bank loan is not yet available, the borrower will be affected? Individuals can not pay their loans on a regular basis by bank loans. Banks usually remind borrowers to repay on time by telephone or text messages, and collect fees through the account manager, and at the same time impose a penalty interest. If it is still unable to receive repayment, the bank will file a case in court or apply for arbitration with the arbitration institution.

loan can not be paid off on time, the borrower will be affected by the following: first, interest expenses increased significantly. Once the overdue loans, the lender in addition to pay off the loan, pay the agreed period of interest, overdue principal payment to pay overdue interest, not to pay interest on the recovery of profits and costs can also, other creditors (such as property preservation fees and attorney fees). Among them, the interest calculated in accordance with the agreement on the term of contract interest rate (the interest rate for the period is up in the people's Bank of the loan rates Chinese standard or fall a certain proportion) standard of land, overdue interest rates (interest) is based on the floating interest rates in the period 30% to 50%, the interest rate is equal to the rate of overdue interest.

", and secondly, the lender's credit will be affected. Overdue repayment of loans will generally leave a bad record in the people's Bank credit rating system, and will be affected in loans, credit card applications and job hunting. If the court and arbitration institutions have made a decision, but the borrower is still not returned, will be included in the list of dishonest debtor. Dishonest debtor, commonly known as "Laolai" in bank loans, high consumption (plane, buy, tourism etc.) will be limited. If the circumstances are serious, they will be sentenced. Article 313rd of the criminal law refuses to carry out the judgment or order of the people's court, and if the circumstances are serious, the person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine.

two", "do not owe the bank loans", relatives will be implicated? Owing bank loans are not returned, generally does not affect the loved ones, but will have some impact on the spouse. If the borrower's loan during the marriage period may be considered as a joint debt of the spouse, the spouse may be liable for joint liability. According to the "Supreme People's Court on Several Issues concerning the application of interpretation (two)" the provisions of article twenty-fourth, creditors during the marriage, the spouses debts owed by individuals claiming rights, it should be handled by the conjugal debt. However, the husband and wife can prove that the obligee and the debtor expressly agree to be personal debts. In addition, the husband and wife of the relationship between the duration of the property agreed to each of their own, husband or wife of the external debt, third people know that the agreement, the husband or wife of all property liquidation.

three", after the death of the borrower, the children have to pay for it? People often say "the father of debt also". In the case of the debtor's death, who will repay the bank loan he owed? According to the thirty-third article of the succession law, the inheritance shall be paid in accordance with the taxes and debts payable by the decedent in accordance with the law, and the payment of the tax and the payment of the debts shall be limited to the actual value of his inheritance. Beyond the actual value of the estate, the voluntary payment of the successor shall not be subject to this restriction. For example, the father of little M, who made a 500 thousand loan to the bank last year for business turnover, died this year with a heart attack. Before leaving his life, little M was the only legal heir, and his father's legacy was worth 200 thousand. According to the "law of succession", small M must return to the bank inherited a legacy of 200 thousand, the remaining 300 thousand yuan of debt, if M is unable to repay or unwilling to pay without "father claims son also. If the small M is unwilling to inherit the 200 thousand estate, he will not have to pay any debts for the father.

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