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How to calculate interest under Article 395 of the Civil Code of the Russian Federation

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How to calculate interest under Article 395 of the Civil Code of the Russian Federation</a>

If you have the right to receive a certain amount of money, and these money received with delay, then, according to Art.

395 Civil Code, have the right to compensation by the debtor of the fact that he used your money extra time.

This compensation represents a certain percentage of the amount.

You will need

  • The interest rate of refinancing, the amount of the already fulfilled monetary obligation, the number of days of delay in the payment, the calculator.

Instructions

    1

According to Article 395 of the Civil Code of the Russian Federation, the basis for calculatingPercent, compensating the delay in payment, is the discount rate of bank interest, otherwise referred to as the interest rate of refinancing. This rate is periodically fixed by an appropriate instruction of the Bank of Russia. Until June 2010, this rate varied on average once a month, but since then the changes have been much less frequent.

    2

To calculate interest, you need to find out,What refinancing rate was set by the bank on the day when the monetary obligation was still repaid (and not at the day when the delay began!). If it has not been repaid so far, it is still too early to calculate the interest to compensate for the delay, since you have more significant problems related to obtaining the actual amount of debt.

    3

If by agreement between you and the oppositeParty, there is a different percentage of compensation for the late repayment of cash, then, of course, you are using this percentage, and not the discount rate of the bank.

    4

The discount rate is set as a percentagePer annum. According to the practice of applying the provisions of the Civil Code in question, the number of days in a year is 360, in a month - 30, unless otherwise specified by agreement of the parties. The number of days of delay in the obligation is considered from the day when this obligation was to be fulfilled until the day when it was actually fulfilled, unless otherwise provided by law or by contract.

    5

Interest for the use of funds,(The amount of the monetary obligation) * (interest rate of refinancing) * (number of days of delay in the performance of the obligation) / (360 days). For example, you were delayed paying 15,000 rubles for two months. At the end of these two months of delay, the bank's discount rate was 8% per annum. Thus, in addition to these 15 thousand you have the right to demand a percentage of $ 15,000 * 0.08 * 60/360 = 200 rubles.

    6

If you collect interest through a court, thenThe latter himself has the right to decide whether to use the discount rate on the day of filing the claim or on the date of the decision. Also, the court has the right to increase or decrease the amount of compensation due to you, depending on the actual consequences of the delay in payment.

How to calculate interest under Article 395 of the Civil Code of the Russian Federation Was last modified: May 21st, 2017 By Zyzgyocs
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