On Understanding and Application of "Double Payment of Interest on Debt for Default"
Cai Fan
Abstract
Cai Fan
Abstract
Double payment of on debt during the delay of performance is abbreviated double as a forfeit,which vests a kind of legal duty in civil procedure law to deal with the debtor who ought to have paid the amount of money during the period specified in the legal document,but there are various standards in the implementation of the statutory obligation,which appears more difficulties than expected.It is proposed that these on double penalty interest be clearly defined,such as the range of legal instruments,the cardinality of accrued interest,the standards of rate,and the period of performance.The suggestion is that it be restricted through judicial interpretation in order not to let the appellant take the advantage of the procedure of the second trial to occupy the fund.
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Double payment of on debt during the delay of performance is abbreviated double as a forfeit,which vests a kind of legal duty in civil procedure law to deal with the debtor who ought to have paid the amount of money during the period specified in the legal document,but there are various standards in the implementation of the statutory obligation,which appears more difficulties than expected.It is proposed that these on double penalty interest be clearly defined,such as the range of legal instruments,the cardinality of accrued interest,the standards of rate,and the period of performance.The suggestion is that it be restricted through judicial interpretation in order not to let the appellant take the advantage of the procedure of the second trial to occupy the fund.
Key concepts: Debtor, Debt, Obligation, Payment, Actuarial science, Business, Order (exchange), Interest rate