How to handle the loan contract in court?

The main points of the trial of loan contract disputes are:

1. Review the interest of the loan contract. If the loan contract does not stipulate the payment of interest, it shall be deemed as no interest;

2. The lender claims that the interest paid shall not exceed four times the market quotation of one-year loan when the contract is established;

3. Lenders shall provide creditor's rights certificates such as IOUs, receipts and IOUs, as well as other evidence that can prove the existence of the legal relationship of lending.

legal ground

Article 680 of the Civil Code of People's Republic of China (PRC)

It is forbidden to lend at high interest rate, and the lending rate shall not violate the relevant provisions of the state.

If there is no agreement on the payment of interest in the loan contract, it shall be deemed that there is no interest.

If the loan contract does not specify the payment method of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined according to the local or the parties' trading methods, trading habits, market interest rates and other factors; Loans between natural persons are regarded as interest-free.

Article 25 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 interest rate agreed in the contract, the people's court shall support it, except that the interest rate agreed by both parties exceeds 4 times the market quotation of one-year loan at the time of the establishment of the contract.