According to the laws of China, the annual interest rate of loans shall not be higher than 36%. A loan contract with an annual interest rate exceeding 36% is invalid. This divides three areas, one is invalid, the other is judicial protection area, and the other is natural debt area, that is, 24%-36% period.
1, 24%, the parties bring a lawsuit to the people's court, as our civil judicial trial, we must give legal protection.
2. The part between 24% and 36% is called natural debt zone. If the parties are willing to perform voluntarily, the court has no objection. If the parties bring a lawsuit to the people's court to protect the interests within the scope according to the contract, the people's court will not provide legal protection.
3. It's different if the annual interest rate exceeds 36%. It is based on ineffectiveness. If you pay voluntarily, you can come back after seeing that this contract is invalid.
1. According to Article 26 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases, if the lender requests the borrower to pay interest at the agreed interest rate, the people's court shall support it. The interest rate agreed between the borrower and the borrower exceeds the annual interest rate of 36%, and the interest agreement in excess is invalid. The people's court shall support the borrower's request to the lender to return the part of the interest paid that exceeds 36% per annum.
2. Article 28 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases _ Lu Jiao, Li Jiao, Li Wei, Li Wei, Li Wei, Li Wei, Li Wei, Li Wei, Li Wei, Li Wei, Li Wei, Li Wei, Li Wei, Li Wei, Li Wei, Li Wei, Li Wei, Li Wei, Li Wei, Li Wei. Excess interest cannot be included in the future loan principal. If the agreed interest rate exceeds the annual interest rate of 24%, and the parties claim that the excess interest cannot be included in the later loan principal, the people's court shall support it. According to the calculation in the preceding paragraph, the sum of the principal and interest payable by the borrower after the expiration of the loan term cannot exceed the sum of the initial loan principal and the interest of the whole loan term calculated at the annual interest rate of 24% based on the initial loan principal. If the lender requests the borrower to pay the excess, the people's court will not support it.
3. Article 30 _ 鼋鼒鼒齅 _鼒齅 _鼒齅 _鼒鼒鼒鼒鼒 _.