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Tongnan District Creditor and Debtor Lawyer Ma Xin

Lawyer Ma Xin, Master of Law in Civil and Commercial Law of Renmin University of China, expert consultant of Chongqing High tech Zone Pegasus Innovation Research Institute, expert consultant of Chongqing Science and Technology Element Trading Center, expert consultant of Chongqing China Coal Design Institute Green Building Center, expert consultant of Shan County Yilong (Beijing) Real Estate Development Co., Ltd., and member of the Youth League of Chongqing Lawyers Association. He once worked in the headquarters of China North Industries Group and has rich experience in legal services for large enterprises, institutions and financial enterprises. Ma Xin has successively worked for Chongqing High tech Zone Pegasus Innovation Research Institute, Chongqing Jinbaobao Information Technology Service Co., Ltd., and Chongqing Bohong Urban Construction and Development Co., Ltd

Chongqing Tianxi Law Firm

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Mortgage guarantee Personal debt Conjugal debt Debt claims private lending Recovery of arrears Loan disputes Debt dispute Corporate debt

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Chongqing Tongnan District Creditor's rights and debts

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Tongnan District Creditor's Rights and Debtor's Law Popularization

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Whether private lending without agreed interest can claim interest

In lending, if there is no explicit interest agreement, it will be regarded as interest free and the creditor cannot claim it. The court does not support the loan between natural persons with unspecified interest. For loan between non natural persons, the interest dispute court will judge according to the contract content and market interest rate. The borrower shall pay overdue interest in case of overdue repayment. #Creditor's rights and debts 876 readings
What are the relevant legal provisions of selective debt

Alternative debt allows the debtor to choose among multiple payment options, such as cash payment or service provision. For example, the three guarantees policy in the commodity field gives the buyer the right to choose repair, replacement or return. This form of debt is flexible, including various targets and performance conditions. Both parties need to respect and implement the selected solution. #Creditor's rights and debts 1204 readings
Whether the wife should bear the husband's debts after divorce

Under certain circumstances, the wife is not responsible for non shared debts: premarital debts, debts expressly assumed by individuals (such as gambling debts), debts arising from personal misconduct, debts bound by wills or gift contracts, debts of privately financing others, debts of independent business without informing the spouse, and debts solely borne by legal individuals (such as illegal tort debts). #Creditor's rights and debts 1138 readings
How is the interest level of private lending regulated

Key points of private lending interest: 1) The loan must have a written or oral interest agreement, and if there is no agreement, it will be regarded as interest free; 2) The interest rate may be moderately higher than that of the bank, but shall not exceed four times the upper limit, otherwise the excess part will be invalid. In case of dispute, the interest will be determined according to the trading habits, market interest rate, etc. Borrowings between natural persons are generally regarded as interest free. When signing the contract, the interest terms should be clearly defined to avoid legal disputes. #Creditor's rights and debts 948 readings

How to distinguish the joint debt and personal debt of husband and wife in divorce

When divorcing, the key is to distinguish between common and personal debts. Personal debts include those borne by oneself before marriage, those agreed to be borne solely by negotiation, those who unilaterally assist relatives and friends, those who operate without authorization and those who do not share profits, and those under specific circumstances. On the contrary, the debts arising from the joint life of the husband and wife, or the debts jointly signed/subsequently ratified by both parties, shall be deemed as joint debts. #Creditor's rights and debts 1115 readings
What are the legal provisions on whether the husband and wife can make a property agreement

Our Civil Code allows couples to freely agree on the nature and ownership of property during the marriage, including the ownership and management of personal property and common income. The agreement must meet five legal conditions: both parties have full capacity, are voluntary and free from fraud and threat, the content is legal, does not infringe the rights and interests of third parties, the marriage is valid, and it is in written form, and it is recommended to notarize. The agreement shall not involve family members or the property of a third person, and the agreement under invalid marriage or revocable marriage shall be invalid. Written notarization can improve the effectiveness of the agreement, ensure the clarity of rights and reduce the risk of disputes. #Creditor's rights and debts 907 readings
What are the principles of how to recognize joint debts when divorce

The joint debt of husband and wife is limited to the period of marriage. The legal debt used for family life or business based on the consensus of both parties shall be signed by both parties for confirmation. Debts arising from gambling and drug abuse are not protected by law. False debts or claims fabricated by one party are not joint debts. The court will not support the claim of fabricated debt. #Creditor's rights and debts 1140 readings
How to write a debit note correctly

The production of IOUs should pay attention to legal effect: clearly mark the full names of the borrower and lender; Specify the loan amount, start and end dates, and terms, and specify the details of repayment and interest payment, including interest rate, total amount, and date; The borrower shall sign in person and indicate the date of receipt, and attach the transfer voucher as evidence. Indicate the purpose of borrowing to strengthen legitimacy; Ensure that all key information is complete to reduce the risk of legal disputes. #Creditor's rights and debts 1344 readings

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