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After the loan contract is established in accordance with the law, the lender shall provide funds and deliver them to take effect. A contract between non natural persons is usually effective when it is signed. The effective conditions of loans between natural persons include: cash delivery is subject to collection; Electronic means such as bank transfer shall be subject to the fund entry; Bill rights are required for bill delivery; It takes effect when the lender grants the borrower the right to control the fund account; It also comes into effect when funds are provided and fulfilled in other legal effective ways determined through consultation.
#Creditor's rights and debts
1443 readings
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Impossibility of performance refers to the debtor's inability to perform its obligations as agreed after the contract comes into effect, which can be divided into the inability from the beginning (no matter who is responsible for it, the debtor is exempted from actual performance) and the inability caused by fault (the debtor assumes responsibility, and the creditor can terminate the contract and claim for compensation). If partial temporary or partial performance is impossible, it shall be performed after the conditions are improved, and the debtor shall bear the liability for breach of contract. If the debtor's breach of contract violates the criminal law, he shall also bear criminal responsibility. The creditor has the right to choose to terminate the contract, claim or partially perform. The whole process must be carried out in accordance with the relevant provisions of the Civil Code.
#Creditor's rights and debts
951 readings
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In a bilateral contract, the parties have the right of defense, which includes: ① the right of defense is performed at the same time, and when the debts of both parties are equal, one party can refuse to perform before the other party; ② Perform the right of defense first, and if one party fails to meet the agreed standard, the subsequent party has the right to refuse to perform; ③ As for the right of defense against uneasy performance, one party may suspend or postpone the performance of the other party in anticipation that the other party may lose its ability to perform, so as to protect its own rights and interests.
#Creditor's rights and debts
1195 readings
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When the guaranteed loan defaults, the first solution is to negotiate with the borrower to adjust the repayment plan or extend the term. Personal assets can be pledged to protect creditors' rights and interests. Be sure to avoid overdue, or you may face legal proceedings. Private debts are protected by law, and creditors can sue for recovery according to law. If the court makes a judgment and still fails to repay after the expiration of the time limit, the creditor may apply for enforcement. However, if the interest rate exceeds the statutory upper limit, the court will not support the interest rate exceeding the statutory upper limit.
#Creditor's rights and debts
1000 readings