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Online payday loans are marketed through e-mail, online search, paid ads, and referrals. Typically, a consumer fills out an online application form or faxes a completed application that requests personal information, bank account numbers, Social Security number and employer information. Borrowers fax copies of a check, a recent bank statement, and signed paperwork. The loan is direct-deposited into the consumer's checking account and loan payment or the finance charge is electronically withdrawn on the borrower's next payday.
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Investment-oriented insurance contract is terminated before how much money can get back Insurance T

Data:2009-12-12 2:34

Category: Insurance tips Release Date: 2006-08-01

Case: Small United States, after graduating from college in Taiwan, engaged in trade affairs. Money in the bank to sell the Commissioner, she bought an investment-type insurance policy, science specifically told her that first year you can get 15% interest, if necessary, next year you can leave early, easy, capital preservation, and are protected.

Six months later, due to family emergency and needed money urgently, the small United States and would like to premature termination and found that simply can not even back to how much money because the insurance company paid for her first year as the cost of all the premium to the insurance companies, sales of bank and so on, no use in the investment, the rationale was simply takes a special and even she said: "Can not termination."

This year, China launched a lot of financial products, banking, insurance, were clamoring to get into the market, crowding the market share, with the financial plan of the step by step, many customers put forward the "ability to contract is terminated before" questions, this paper with a small case of the United States, according to China's "Contract Law" the relevant provisions of, analyze whether the contract is terminated before financial plan and its related issues.

Question one: whether the contract is terminated before financial plan

Depends on whether the contract is terminated before the existence of statutory release or agreed to lift the case. "Contract Law" stipulates the 94th to lift the statutory five kinds of situations: one, the contract can not be achieved due to force majeure resulting purposes; 2, in the discharge before the expiration of one party expressly or by their actions that they do not fulfill the main debt; 3 , a party delay in performance of the main debt, after Urgency not responded within a reasonable period of time after discharge; 4, a party, or delay in performance of an obligation can not be achieved any other breach of contract caused the contract purposes; 5 other cases provided by law. Therefore, the survival period of financial products, such as the emergence of the first and fifth, the banks and customers have the right to terminate the contract; occurrence of a second, third and fourth case, the non-defaulting party the right to cancel the contract. In addition, if the parties in the contract or in the performance of the contract during the course of an early termination of the contract was agreed, it may cancel the contract in advance in accordance with the agreed termination of the parties rights and obligations in its implementation.

Problem 2: the legal consequences of premature termination

In general, the lifting of the contract were not met, it shall cease to perform; has been performed, the nature of the discharge of its circumstances and the contract, the parties may request restitution and take other remedial measures, Bing for damages. Specific conditions are as follows: 1, lifting of force majeure results in the contract, banks and customers do not have the fault is not liable for compensation; but after the occurrence of force majeure, shall take remedial measures not taken to deal with the loss of expanded liability. 2, due to breach of contract caused the contract to lift the party, the defaulting party should bear responsibility for breach of contract. 3, the two sides in the financial management agreement for early termination of the contract are agreed, in accordance with the agreed processing. 4, the two sides did not advance the termination of the contract carried out prior agreement, one party wants to terminate the contract ahead of the other party shall obtain the consent agreement from the Tam Bing in accordance with one's own losses and compensation for other losses. Financially customer perspective, in the absence of statutory dissolution, the two sides also reached a prior agreement did not terminate the contract, and Bing do not enjoy the right of cancellation of contracts. Even if the consent of banks have agreed to cancel the contract early due to premature termination of their losses, costs and bank losses and contract the expected benefits are likely to bear by the client. Is therefore recommended that customers finance carefully read the relevant provisions of the agreement in order to protect their own interests.

Xu Meng Renmin University of China Civil and Commercial Law Master, and author of "mainland rules of contract law" and other books; LEI-kun Master of Renmin University of China Civil and Commercial Law, financial and legal practitioners.

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