按揭借款人提前还款行为性质及法律分析

Law Analysis of the Feature of Paying off loan ahead of Schedule

按揭贷款的优点之一是借款人能长期按月分批地归还本息 ,从而减轻了债务负担。但是 ,由于客观情势是复杂多变的 ,必然有部分借款人希望能提前还清借款。根据《合同法》规定 ,此时银行不能以“违约”相胁 。

A loaner can pay off loan and its interests in a long run or by month, which ,of course, can lighten his burden. However, because the objective surrounding is complex and changeable, there must be some people who hope to pay off the loan ahead of time. According to Contract Law of the People's Republic of China, at this moment, the bank can't consider it as breach of contract. The bank can draw lessons from HangKang, by collecting commission or improving the efficiency of fund running to make up for the loss.