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Someone doesn't know that installment payment can be cancelled?
Someone doesn't know that installment payment can be cancelled?

1. When a student requests to cancel the installment loan, does the installment loan company have the right to refuse the student's request to cancel the installment loan on the grounds that the student must obtain the consent of the education and training institution?

As mentioned above, according to the principle of privity of contract, the education and training institutions are not the parties to the loan contract signed by the trainees and the installment loan company, and the disputes arising from the loan contract between the trainees and the installment loan company have nothing to do with the education and training institutions. If the trainees need to unilaterally terminate the contract with the installment loan company, they do not need the consent of the education and training institution. If the installment loan company can cancel the installment loan only after the approval of the education and training institutions, it is a restriction on the students' right to terminate the contract and there is no relevant legal basis. Students still have the right to unilaterally terminate the loan contract with the installment loan company.

2. What is the effect of the content of "no refund" agreed in the education and training contract?

(1) If the content of "non-refundable" is recognized as a standard clause, and the other party's main rights are unreasonably increased, students can claim that this clause will not become the contract content. According to the second paragraph of Article 496 of the Civil Law, if an education and training institution stipulates in the education and training contract that "no refund is allowed" or the two parties have not signed the contract, and the receipt issued by the institution states that "no refund is allowed", it shall be deemed that the education and training institution, as the party providing the standard clauses, unreasonably aggravates the students' responsibilities and restricts their main rights, and the students have the right to claim that the above clauses do not become the contents of the contract. (2) If the content of "non-refundable" has attracted the attention of trainees in a reasonable way, the content of this clause that has been explained can be regarded as effective.

The students have taken some courses. Can they ask for a refund of the remaining tuition fees before the end of the course?

Even if there is no breach of contract by the education and training institution or there is no statutory circumstance about the termination of the contract in Article 563 of the General Principles of the Civil Law, the people's court generally thinks that the education and training contract has the characteristics of personal exclusiveness and is not suitable for compulsory performance. The performance of the contract is based on the mutual cooperation between the two parties, and the litigation request of the students to cancel the contract on the grounds that they don't want to continue the class will also be supported by the court. However, the nature of the student's termination of the contract will also be considered as the termination of the contract. The court will determine the amount that students can refund the remaining tuition fees according to the refund rules stipulated in the education and training contract signed by both parties and the courses already taken.

4. Can students claim that the loan contract is invalid on the grounds of fraud by education and training institutions and installment loan companies?

According to Article 149 of the Civil Law, students have the right to request the people's court to cancel the loan contract if they have evidence to prove that the loan contract was signed by fraudulent means between the education and training institution and the installment loan company.