民间借贷债务合法性分析——以高息和夫妻共同债务为视角.pdfVIP

Abstract Private lending as part of broad financial channels ， not only in the field of private financing plays an important key ， and even has to a certain extent on the macroeconomic impact. With the process of the financial markets ， private lending is gradually self-improvement ， and legal regulation is clearly in the process of its self-improvement most critical part. Combined with the author in practice for the trial of the case of private lending experience ， this paper summarizes the cases of two prominent private lending difficult problems ， one for the case of high interest private lending awareness and identify issues ; Second case for the private lending jointly recognize and identify the problems of debt . By reading a lot of similar cases and related literature ，I try to analyze the above issues ，and refine their own independent views . In the first part of the thesis high interest issues identified in the analysis ， from the four times the rate limit for the parties to form rational expectations ， combining the borrower has to pay high interest rates can be set off against the loan principal ， the interest could have been settled through a separate interest-bearing loan principal ， in the case of private lending ，how to correctly apply the Civil Law provisions of Article 253 ， the three major practical problems for analysis. Analysis of the basic principles of civil law from the start，through the comparison of different perspectives ，weigh the pros and cons therebetween and form conclusions. Finally ， specific problems extended to