The Comment And Analysis Of The Private Lending Disputes Of Zhang Suing Liu Et Al

In recent years, with the national impact of monetary tightening, bank creditfunds become much tight. Corporate, personal loans, private lending market alsobecome unusually active. As the private lending market lack of supervision andstandardize that lending private disputes became current court trial of a class of hotspots. The plaintiff Zhang，who was recommended by defendant Liu,lent100thousandRMB to the defendant Hu.After deducting50thousand RMB and monthly interest10thousand RMB that defendant Hu owed defendant Liu，plaintiff Zhang lent40thousand to defendant Hu.Then defendant Hu and Hu Yi issued an iou for100thousand to plaintiff Zhang，while defendant Liu as a guarantee signed on thisiou.As defendant Hu and Hu Yi failed to repay money on time，plaintiff Zhangappealed to court. This case involves transfer of claims, debt join, private lendingprincipal and interest calculations, public notice and other legal issues. Although theassignment of claims is a contract between the creditor and the assignee, it’s alsoshould notify the debtor. After the founding of assignment effective, the legal effectwill take place among transferor, transferee and the debtor. After the establishment ofeffective debt assignment, the third person into the relationship between debt willbecome the new obligor, while old departing will not leave the main original debtorcreditor relationship. The third person and the original creditor take a jointassumption of debt for the debtor. The calculations of private lending interest abideby the principle of intention consistent. If the parties have not agreed or the agreementis not clear, then they will be treat as no need to pay. The two sides agreed on theinterest cannot exceed the maximum period of similar bank lending rate four times,and the excess will not be legally protected. Interests on the loans shall not bededucted from the principal in advance. When interest previously deducted theborrower, the leader shall be based on the actual amount borrowed and calculation ofinterest. Notice served is used for missing person who was undeliverable served byserved directly or other ways. Confirming parties unaccounted for and the burden ofproof should be clear, when in accordance with the plaintiff’s residence and the personto be served domicile to find people, and through telephone or other means ofcommunication can not be contacted, both of this situations cannot be easilyconfirmed as missing. Unaccounted onus should start with the plaintiff. But the essence of justice based on the program, such as the plaintiff did not provide the judgemay, on its own initiative to the person to be served by the household survey, visits toverify the person to be served, avoiding false lawsuit.