Article 1413
Interest paid in excess of the interest allowed by the
usury laws may be recovered by the debtor, with interest thereon from the date
of the payment.
Ang interest na binayaran na kung saan humigit pa sa interest na
pinahihintulutan ng usury laws ay maaring maibalik sa nangutang, kasama ang
interest simula sa araw na kung saan binayaran nya ito.
Usury is the illegal act of charging for a
loan a higher rate of interest than that which is allowed by law.
Recovery of usurious interest
Any rate of interest in excess of the maximum allowed under the Usury
Law is usurious and if paid, may be recovered together with interest thereon
from the date of payment in a proper action for the same. (Art. 1413.)
A stipulation for the payment of usurious interest is void. The person
paying the usurious interest can recover in an independent civil action
not only the interest in excess of that allowed by the usury laws, but
the whole interest paid.
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