Lao Lai has real estate in his name and transfers it to his children, does it have any impact? 20

If the real estate in Lai's name has not been mortgaged or preserved, if the people's court finds that the transfer to the children is not in accordance with common sense, it may constitute that Lai's property has foreseen the possibility of assuming debts at the time of the transfer of property, and it is obvious that the property is transferred by deliberately evading debts, and the creditor has the right to revoke the transfer within a reasonable period of time.

Legal analysis

As a creditor can file a lawsuit for the creditor's right of revocation to request the revocation of the debtor's improper disposition of property, and in the face of the phenomenon that the debtor evades debts and evades legal sanctions by means of malicious transfer of property, the creditor may file a lawsuit for revocation with the people's court to protect its legitimate rights and interests.

However, it should be noted that the exercise of the right of avoidance is also time-limited, and the creditor must exercise the right of avoidance within one year from the date on which the creditor knew or should have known the cause of avoidance, and in addition, whether the creditor knew it or not, if the debtor did not exercise the right of avoidance within 5 years from the date of the debtor's act, the right of avoidance would be extinguished.

At present, in judicial practice, the difficulty and key point in the trial of a case in which the court files a revocation lawsuit against a creditor for the transfer of property by the debtor lies in the judgment of the obviously unreasonable low price and whether there is subjective malice.

It is recommended that the debtor should not maliciously transfer property to evade the repayment obligation, and fulfill the legal obligation to pay off the arrears as soon as possible, otherwise he will be punished accordingly.

Legal basis

Article 539 of the Civil Code of the People's Republic of China Where the debtor transfers property at an obviously unreasonable low price, transfers the property of another person at an obviously unreasonable price, or provides security for the debts of others, affecting the realization of the creditor's creditor's rights, and the debtor's counterpart knows or should know about the circumstances, the creditor may request the people's court to revoke the debtor's act.

Article 540 of the Civil Code of the People's Republic of China The scope of the exercise of the right of revocation shall be limited to the creditor's creditor's right. The necessary expenses for the creditor to exercise the right of avoidance shall be borne by the debtor.

Article 541 of the Civil Code of the People's Republic of China The right of revocation shall be exercised within one year from the date on which the creditor knows or should know the reasons for revocation. If the right of avoidance is not exercised within five years from the date of the debtor's act, the right of avoidance shall be extinguished.

A lawsuit must be filed to ask the court to revoke the gift contract transferred to the property in the child's name, and then the fraud can be investigated and auctioned.

Legal basis: Article 74 of the Contract Law stipulates that if the debtor waives its creditor's rights or transfers property free of charge, causing damage to the creditor, the creditor may request the people's court to revoke the debtor's failure.

If the debtor transfers property at an obviously unreasonable low price, causing damage to the creditor, the creditor may also request the people's court to revoke the debtor's act.

Legal analysisWhere the law clearly stipulates that if a litigation participant maliciously transfers property, the people's court may impose a fine or detention based on the severity of the circumstances; where a crime is constituted, criminal responsibility is pursued in accordance with law. Sufficient evidence can be provided to prove that the debtor's act of transferring property occurred during the existence of the creditor's right and that the actual consequences of the debtor's failure to perform the debt were caused to the creditor's right, and then the evidence can be brought to the court to claim that the debtor's act of transferring property is invalid. The real estate in the name of the children of the person subject to enforcement cannot be enforced under normal circumstances, unless there is an act of maliciously transferring the property to the children.

If there is sufficient evidence that the child does not have a normal income**, and the property in the name of the child is from the operation or transfer of the parents of the dishonest person. Then, in this case, regardless of whether the child is an adult or not, the property in his name can be enforced.

Legal basisArticle 538 of the Civil Code of the People's Republic of China Where the debtor disposes of its property rights and interests without compensation by waiving its creditor's rights, waiving the guarantee of creditor's rights, transferring property without compensation, etc., or maliciously extends the time limit for the performance of its due creditor's rights, affecting the realization of the creditor's creditor's rights, the creditor may request the people's court to revoke the debtor's acts.

First of all, it can be clearly said here that if the child becomes an old man, then the house in the father's name cannot be executed, although the two people are indeed father and son, but it must be understood that in our society, they also belong to two different individuals, if the child is already an adult, then the father's custody of it will be lost. At this time, the child has to take responsibility for his own actions, so the father's house cannot be executed, and today we will ** this topic. <>

First, why can't it be enforced?

In fact, strictly speaking, they do belong to the family property, but since the children have become old men, it means that he is already an adult at this time, so strictly speaking, even if they are still in a household register, but the father has no obligation to repay his debts, of course, if he wants to pay back, it is still possible, but under normal circumstances, some people will deliberately transfer their property, so as to avoid the purpose of repaying debts. <>

Second, what are the implications of doing so?

In fact, the most important thing is to protect personal property, after all, for most people, can not use their own property to help others, if our legal support for parents or relatives to compensate directly, then it also means that the old man can use other people's kinship without scruples, and then let others hide here for themselves, which will obviously damage the good order of public prosecution in society. <>

Third, what do you think of the current old lai?

Now the old man can be said to be more and more intelligent, not only will he know how to use the loopholes of the law to escape his debts, but also know how to avoid the possibility of being punished by the law as much as possible. However, we are now more and more severe in the crackdown on Lao Lai, in addition to restricting his high consumption, for his children, especially minor children, there are also a lot of restrictions, so in this case, Lao Lai is now becoming more and more cautious, under normal circumstances, I would rather make money to pay off my debts than want to be a lai.

Of course, the property in the father's name cannot be enforced, and the mistake is made by the child, and only the child will be held responsible.

In principle, this is not possible. Whoever bears the debt, the child's debt is borne by the child, unless the parents are willing to repay, there is no such legal obligation, let alone the execution of the property in the name of the parents. Therefore, if you want to freeze the property in the name of your parents, don't think about it, the court will not enforce it like this.

In the same way, some people demand that the father and the son repay the debt, which also breaks through our principle of relativity and has no legal basis. However, except in the case of inheritance, the inheritance shall bear the corresponding responsibility within the scope of the inheritance.

Yes, because the father is the guardian of the child, and the father also has a lot of responsibilities and responsibilities, so some things in the father's name can be executed.

No, because the son is an independent person and he should be responsible for his debts.

Legal Analysis: There is still an impact, and the location of the hukou cannot affect the parent-child relationship between parents and children.

Legal basis: Article 18 of the General Principles of the Civil Law of the People's Republic of China "The guardian shall perform guardianship duties, protect the ward's person, property and other lawful rights and interests, and shall not dispose of the ward's property except for the interests of the ward. Guardians exercise the right of guardianship and are protected by law.

This means that when a guardian disposes of a minor's property, he or she must follow the principle of benefiting the minor. The maintenance of children is a legal obligation, and relatives cannot exchange this obligation for the right to dispose of their children's property at will.

Legal analysis: Generally speaking, only the property of the person subject to enforcement can be applied for enforcement, if the applicant for enforcement applies to the court to enforce the property in the name of the old lai's children, the old lai's children can raise an objection to the enforcement of the wheel and protect their own rights and interests.

Legal basis: Article 5 of the "Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Enforcement Objections and Reconsideration Cases by the People's Courts" In any of the following circumstances, natural persons, legal persons, and unincorporated organizations other than the parties may raise objections to enforcement acts as interested parties: (1) Where it is found that the people's court's enforcement acts are unlawful, hindering the repayment of creditor's rights that are waiting to be sealed, seized, or frozen; (2) Where it is found that the auction measures of the People's Court of Tongzao are illegal and hinder their participation in fair bidding; (3) Where it is found that the people's court's auction, sale, or repayment of debts in kind measures are unlawful, infringing upon their right of first refusal over the subject matter of enforcement; (4) Where it is found that the matter requested by the people's court to assist in enforcement exceeds the scope of its assistance or violates the provisions of law; (5) Where it is found that other lawful rights and interests have been violated by the people's courts' illegal enforcement acts.

In principle, the house cannot be sealed, and if the house is registered in the name of the child, the property right belongs to the child, and has nothing to do with the parents, so the court cannot seal it. However, if it is to avoid the unreasonable transfer of debts or the inheritance of an estate, it has the right to seize and use it to pay off debts.

Legal basis: Article 241 of the Civil Procedure Law of the People's Republic of China If the person subject to enforcement fails to perform the obligations set forth in the legal document in accordance with the enforcement notice, he shall report on the current property situation and the property situation in the year prior to the date of receipt of the enforcement notice. Where the person subject to enforcement refuses to report or makes a false report, the people's court may fine or detain the person subject to enforcement or his legally-designated person, the principal responsible person of the relevant unit, or the directly responsible personnel on the basis of the severity of the circumstances.