Practical sharing on the case of "Application for Execution of General Debt Interest, Double Payment of Debt Interest and Delay Payment during the Delayed Performance Period"

On the afternoon of July 25, 2025, Denghu Classroom started as scheduled. This class was taught by Assistant Lawyer Mo Shida from the law firm, focusing on the theme of 'Applying for the execution of general debt interest, doubling the payment of debt interest and late performance fees during the period of delayed performance', and providing practical legal guidance and practical reference for colleagues present through specific cases.

1、 Core concept analysis

Assistant Mo first clarified three key concepts:

1. General debt interest: refers to the interest determined in accordance with substantive laws in effective legal documents.

2. Double payment of debt interest during the period of delayed performance: refers to the interest that should be doubled when the debtor fails to fulfill the obligation to pay money within the period specified in the judgment, ruling or other legal documents (according to Article 264 of the Civil Procedure Law of the People's Republic of China).

3. Delayed performance fee: The amount that the person subject to enforcement shall pay if they fail to fulfill other obligations within the period specified in the above-mentioned legal documents (in accordance with Article 264 of the Civil Procedure Law of the People's Republic of China).

2、 Practical problem solving

（1） Can I apply for enforcement if the effective legal document does not determine the general debt interest?

According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law to Calculate Debt Interest during the Delayed Performance Period in the Execution Procedure, Assistant Mo concluded that the general debt interest during the delayed performance period should be calculated according to the method determined by the effective legal documents; If the document does not determine the interest, then in this case, it is not possible to apply for the execution of general debt interest.

（2） Is it possible to apply for enforcement if the effective legal document does not specify the double payment of delayed performance interest?

Assistant Mo, based on the case database of the People's Court, concluded that a certain construction investment and operation limited liability company in Panzhihua City and a certain mechanized construction limited liability company in Panzhihua City have executed a reconsideration proposal (entry number: 2024-17-5-202-013)

1. Delayed performance interest is a legally prescribed interest and does not need to be specifically stated in effective legal documents.

2. As long as the debtor has objective facts of delayed performance, the creditor can claim the interest based on relevant laws such as the Civil Procedure Law of the People's Republic of China.

3. When the basis for enforcement is an arbitration award and no interest for delayed performance is specified, if the debtor delays performance, the applicant for enforcement may claim such interest in accordance with the law.

（3） When applying for execution, there was no claim for delayed performance interest. Can it be supported during the execution process?

Assistant Mo referred to the objection case between Wenzhou Mouyuan Real Estate Development Co., Ltd. and Zhejiang Mouxin Construction Engineering Co., Ltd. in the People's Court case database (entry number: 2024-17-5-201-007), and concluded that:

1. If the debtor fails to fulfill their obligations according to the effective judgment, they shall bear the debt interest during the period of delayed performance.

2. If the applicant for enforcement did not claim it at the time of application for enforcement, but raised it during the enforcement process and did not express a waiver of the interest, the court should support it.

After listening to Lawyer Mo Shida's interpretation, every colleague felt that they had benefited greatly. Thank you very much for the sharing from Lawyer Mo Shida today. We look forward to learning more useful knowledge through the Denghu Classroom!