[Propaganda of the Civil Code] "Answer to the Case of Reading Classics" -The format clause ≠ Overlord clause

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This is the first law named after the founding of New China. This is a category known as the "encyclopedia of social life". The civil code involves all aspects of social life, running through you and me. On the occasion of the second anniversary of the promulgation of the Civil Code, the Supreme People's Court News Bureau specially launched a column of the "Answers to the Cases of Reading the Code", inviting Li Xiuping, He Hongmei, Cui Zhigang, and Zhang Zhonglu of the Central Radio and Television Circies to lead the Code of the Code of the Code of the Code, and Summarizing the implementation of typical cases of civil law, we also designed a number of knowledge and answers of the knowledge of civil code, let us learn the codes, read cases, and answer questions.

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Episode 35

He Hongmei, the host of the Central Radio and Television Station

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Examine the effectiveness of negating online loan formats -Zhou Mouling and a small loan contract dispute in a loan company

Guangdong Court implements typical cases of civil law (second batch)

Basic case:

On August 14, 2018, Zhou Mouling and a loan company signed a credit loan contract online. The loan amount agreed to be 150,000 yuan, the term is 24 months, the actual interest rate of the annualized loan is 13.1%, and the repayment method is equal. Interest. From September 2018 to July 2020, Zhou Mouling has also returned the principal and interest of the 1st to 23rd loan for a total of 181,000 yuan. When repaying the principal and interest of the 24th issue, Zhou Mouling found that the contract involved was a format contract that was formulated in advance and can be repeatedly applicable. When signing the contract, a loan company did not negotiate with him to modify the clause. The loan principal is calculated as the basis for the basis for the basis of each period. It does not meet the usual calculation method of equivalent principal and interest, resulting in multiple repayment. Zhou Mouling then sued to the court and asked a loan company to return to more than 10,197 yuan.

Resident result:

The Guangzhou Internet Court took effect that the annualized interest rate of the loan in the loan contract involved in the case was 13.1%. At the same time, the format clause stipulated that the repayment interest per period was calculated based on the initial loan principal. The usual calculation method of principal calculation is nearly 23.4%of the annualized interest rate, which has caused the actual loan interest rate to be seriously higher than that of the contract explicit loan interest rate, which increases the burden of repayment of the borrower. According to Article 496 of the Civil Code, the party that provides the format clause, that is, the lender shall adopt a reasonable way to prompt the borrower to pay attention to the terms of interest rates, repayment methods, etc., which have a major interest relationship. However, a loan company did not submit the corresponding evidence to prove that it prompts or explained the actual interest rate and repayment method to Zhou Mouling in a reasonable way. It should be believed that the two parties have not reached the consensus on the terms of the format, and a loan company has no right to collect interest. On July 20, 2021, a loan company returned to Zhou Mouling to pay more than 10089.9 yuan.

Typical meaning:

The Civil Code expands the prompts of the format provider to the "clause that has a major interest relationship with the other party" and clarifies the legal consequences of not fulfilling the obligations. The calculation method of the loan interest rate in this case is the terms of the loan interest rate calculation method that has a major interest relationship with the borrower. When the loan institution fails to fulfill the prompts to explain the obligations, there is no right to collect interest according to this, effectively protect the legitimate rights and interests of financial consumers, regulate the loan business of loan institutions, promote financial finance, and promote financial finance. The healthy development of the market is of great significance.

Answer

01

Xiaohui signed the contract with the training institution, and found that the content of the curriculum was completely different from the sales advertisement after a class. )

A. Only negotiate with the training institution to change to more reasonable class content;

B. A petition at the entrance of the training institution so that the training institution cannot be class normally until the money is refunded;

C. Xiaohui has signed a contract, and can only continue to class in accordance with the contract, and cannot be refunded for retirement; d. If the training institution is not specifically stated when the retirement terms are specifically explained, Xiaohui can claim that the clause will not become the contract.Content.

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According to the relevant provisions of Article 496 of the Civil Code, the party who provides the format clause fails to fulfill the prompt or explain the obligations, causing the other party to not pay attention to or understand the terms of the relationship with them.content.Therefore, if the training institution does not specifically explain the withdrawal clauses when signing the contract, Xiaohui can claim that the clause does not become the contract content.Based on this, choose D.

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Source: Supreme People's Court

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