Identification of the Nature of Payment Delivery between Relatives--Taking Yu and Zhang Private Lending Dispute Case as an Example

DOI

10.2991/978-2-38476-277-4_136How to use a DOI?

Keywords

private lending; burden of proof; relatives; defense

Abstract

In private lending disputes involving relatives, the lenders are often unable to provide loan vouchers for various reasons. The Supreme People’s Court issued the “Provisions of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases” (referred to as “Private Lending Provisions”). Among them, Article 16 makes clear provisions on the settlement of such disputes. The plaintiff files a private lending lawsuit based on the transfer voucher. In addition to the plaintiff’s responsibility to prove the existence of the fact of borrowing, the defendant’s defense is also provided. In judicial practice, there are great disputes about the application of this interpretation and the burden of proof after the defendant’s defense. Based on these disputes, this paper makes a profound exploration and analysis of the application of this interpretation from the case.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Ya Yu
PY  - 2024
DA  - 2024/09/02
TI  - Identification of the Nature of Payment Delivery between Relatives--Taking Yu and Zhang Private Lending Dispute Case as an Example
BT  - Proceedings of the 2024 10th International Conference on Humanities and Social Science Research (ICHSSR 2024)
PB  - Atlantis Press
SP  - 1219
EP  - 1225
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-277-4_136
DO  - 10.2991/978-2-38476-277-4_136
ID  - Yu2024
ER  -