Abstract:With respect to the debt interest during delayed execution period, the civil procedure law has made provisions, but they are not very detailed. “Explanation on Several Questions of Law Application in Interest Calculation on the Debt during Delayed Execution Period in the Execution Period” issued by Supreme People’s Court defines base number, interest rate and time limit, but the issues like general debt interest, coterminous rate, time limit, and whether legal costs and other expenses are included in base are not settled. “On Judicial Interpretation of the Applicability of the Civil Procedure Law” issued by Supreme People’s Court does not give definitive answers to the above questions. To figure out the problems, we have to proceed from the following aspects: interest of general debt should not be included in base number; legal costs such as case acceptance fees should be treated differently; appraisal cost and other expenses should be included in base number; coterminous rate is provided at 0.0175% per diem; deferred debt interest should be paid double even if it is not stated in effective legal documents; the deadline during delayed execution period should be determined according to the date when the executor get the money; the delayed execution period should be calculated by days.
贺桂华, 马千惠. 迟延履行期间债务利息计算的法律透视[J]. 《深圳大学学报》(人文社科版), 2016, 33(4): 94-98.
HE Gui-hua, MA Qian-hui. Calculation of Debt Interest during Delayed Execution Period from Legal Perspective. , 2016, 33(4): 94-98.