Should Article 24 of the Marriage Law be repealed?

Let's start with popular science:

What is Article 24 of the Marriage Law?

Article 24 of the Marriage Law Where a creditor claims rights in respect of a debt incurred by one of the husband and wife in his or her own name during the existence of the marital relationship, it shall be treated as a joint debt of the husband and wife. However, one of the husband and wife can prove that the creditor and the debtor have expressly agreed that it is a personal debt, or can prove that it falls under the circumstances provided for in paragraph 3 of article 19 of the Marriage Law. The existence of this law has made many innocent people saddled with huge debts after divorce, and the sister of a friend of LZ is like this, her husband borrowed a lot of money outside without telling her (I don't know what to do with it), and by the time the East Window incident happened, she had already owed nearly a million debts.

When S married him, it was because he threatened him with death, so after this incident broke out, S decided to divorce him. Because of these 24 articles, after the divorce, she was saddled with a debt of nearly 500,000 yuan that had nothing to do with her.

S is not the only one who has the same experience, and some people are even worse than S. They are saddled with millions or even tens of millions of debts, but they have no way to cry, and only a few people can overturn the case and prove that they have nothing to do with the debt.

Yes, it is indeed applied in conjunction with Article 41 and Article 19, paragraph 3, so let's take a look at what these two articles are?

Article 41 of China's "Marriage Law" stipulates: "At the time of divorce, the debts originally incurred by the husband and wife living together shall be repaid jointly. If the joint property is insufficient to be repaid, or the property is owned by each other, the two parties shall agree to settle the repayment; If the agreement is not reached, the people's court shall make a judgment. ”

Paragraph 3 of Article 19 of the Marriage Law stipulates: "If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the third party, the debts owed by the husband or wife shall be paid off with the property owned by the husband or the wife." In other words, if you say that you don't know anything about it and don't want to pay the debt, then you have to show evidence:

Either there is evidence that the borrowed money was not used for living together, or there is evidence that there is an agreement between the husband and wife that the property will be managed separately during the marriage, and that the person who lent you the money must be aware of your agreement.

Excuse me, would an ordinary couple make such an agreement before getting married? How can we find this evidence?

Legal Analysis: Repealed. After the promulgation of the Civil Code of the People's Republic of China, this law has lost its effectiveness, and disputes regarding marriage, divorce, property distribution, debt issues, etc., need to refer to the civil code that has already taken effect and cannot refer to the previous law.

The Civil Code involves all aspects of our clothing, food, housing, transportation, weddings, funerals, etc. From birth to school, work, marriage, buying a house and a car, having children, separating the family and property, enjoying old age in peace, children's education, neighborhood disputes, cat and dog breeding, inheritance, sales contracts, etc. are all included. It is a series of rights and interests in all aspects of life, such as property refinement, contract, right of residence, responsibility and contract violations during marriage, homesteads, buildings, and real estate.

It revolves around the protection of legitimate rights and interests in people's lives, work and property.

Legal basis: "Civil Code of the People's Republic of China" Article 1 This Law is formulated on the basis of the Constitution so as to protect the lawful rights and interests of civil subjects, adjust civil relationships, maintain social and economic order, adapt to the requirements of the development of socialism with Chinese characteristics, and carry forward the core socialist values.

Article 5: Civil entities engaging in civil activities shall follow the principle of voluntariness, and establish, modify, or terminate civil legal relationships in accordance with their own wishes.

Summary. Hello dear, it is a pleasure to serve you <>

Article 24 of the Marriage Law is a supplementary provision invalid, so it is recommended to refer to the relevant provisions of the Civil Code. You can refer to Article 1064 of the Civil Code [Joint Debts of Husband and Wife] Debts borne by both husband and wife in the joint signature of the husband and wife or the subsequent recognition of the husband and wife, as well as debts incurred by one of the husband and wife in their own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife.

Article 24 of the Marriage Law.

Hello dear, it is a pleasure to serve you <>

Give you a careful heart] Article 24 of the Marriage Law is a supplementary provision invalid, so it is recommended to refer to the relevant provisions of the Civil Code. You can refer to Article 10064 of the Civil Code [Husband and wife bury joint debts] Debts borne by both husband and wife in the joint signature of the husband and wife or the subsequent recognition of the husband and wife, as well as the debts incurred by one of the husband and wife in their own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife.

Parents and children have the right to inherit each other's inheritance. Children born out of wedlock enjoy the same rights as children born in wedlock, and no one may harm or discriminate against them. A biological father or mother who does not directly raise a child born out of wedlock shall bear the child's living and education expenses until the child is able to live independently.

The husband and wife took out a loan together to open a store, and then the benefits were not good, so they transferred it to others! But if the loan is not repaid, you will have to divorce, and this also needs to be repaid by the husband and wife?

This is a joint repayment of the loan by the husband and wife.

How can the man bear all this?

The marriage hasn't been divorced yet! In the lawsuit! Then what does the man need to do if he wants to personally bear the rest of the repayment?

A nuptial agreement is required.

This marital agreement teacher can help you write this debt, which will be borne by the man after signing.

After this agreement is signed, if the man is overdue or anything, will it affect the woman?

It won't have an impact.

Even if you don't get a loan in the future, the bank won't look for a woman, right? Because I don't want to have any contact with the woman anymore after the divorce.

Yes, as long as you sign this agreement, you do not have any debt relationship with the woman.

Ok thanks.

If you need the teacher to help you write, you can consult the teacher again, your behavior The teacher is very touched and the teacher is willing to help you. <>

It is recommended not to sign privately, if there is a mistake, it has no legal effect.

On January 1, 2021, the Civil Code will be officially implemented, and the current Marriage Law, Inheritance Law, General Principles of Civil Law, Adoption Law, Guarantee Law, Contract Law, Property Law, Tort Liability Law, and General Provisions of the Civil Law will be repealed at the same time.

After the promulgation of the Civil Code of the People's Republic of China, the content related to marriage and family has been included in the Civil Code as an independent part, and some changes have been made to the relevant content, and the changes are as follows:

1. If one party conceals a major illness and is a voidable marriage, the other party may request the court to revoke it;

2. The cooling-off period system for divorce by mutual agreement has been added, and if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority within 30 days from the date of applying for divorce. If the husband and wife have reached an agreement on divorce matters and want to avoid the cooling-off period for divorce, one party can file a lawsuit for divorce with the court. The court will organize the husband and wife to mediate before the formal filing of the case, and the mediator will contact the husband and wife, and if the husband and wife reach mediation, the court will issue a mediation letter, and the marriage relationship will be dissolved after the two parties sign the mediation letter, and the case will be closed by mediation.

Legal basis: Civil Code of the People's Republic of China

Article 1260.

This Law shall come into force on January 1, 2021. The Marriage Law of the People's Republic of China, the Law of the People's Republic of China on Inheritance of the Mainland Leased Country, the General Principles of the Civil Law of the People's Republic of China, the Adoption Law of the People's Republic of China, the Guarantee Law of the People's Republic of China, the Contract Law of the People's Republic of China, the Property Law of the People's Republic of China, the Tort Liability Law of the People's Republic of China, and the General Provisions of the Civil Law of the People's Republic of China shall be repealed at the same time.

On January 1, 2021, the Civil Code will be officially implemented, and the current Marriage Law, Inheritance Law, General Principles of Civil Law, Adoption Law, Guarantee Law, Contract Law, Property Law, Tort Liability Law, and General Provisions of the Civil Law will be repealed at the same time.

After the promulgation of the Civil Code of the People's Republic of China, the content related to marriage and family has been included in the Civil Code as an independent part, and some changes have been made to the relevant content, and the changes are as follows:

1. If one party conceals a major illness and is a voidable marriage, the other party may request the court for annulment;

2. The cooling-off period system for divorce by mutual agreement has been added, and if either party is unwilling to divorce on the lease, he or she may withdraw the application for divorce registration from the marriage registration authority within 30 days from the date of applying for divorce. If the husband and wife have reached an agreement on the divorce of Sinai and want to avoid the cooling-off period for divorce, one party can file a lawsuit for divorce with the court. If the husband and wife reach mediation, the court will issue a mediation letter, and the marriage relationship will be dissolved after the two parties sign the mediation letter, and the case will be closed by mediation.

Legal basis

Civil Code of the People's Republic of China

Article 1260.

This Law shall come into force on January 1, 2021. The Marriage Law of the People's Republic of China, the Inheritance Law of the People's Republic of China, the General Principles of the Civil Law of the People's Republic of China, the Adoption Law of the People's Republic of China, the Guarantee Law of the People's Republic of China, the Contract Law of the People's Republic of China, the Property Law of the People's Republic of China, the Tort Liability Law of the People's Republic of China, and the General Provisions of the Civil Law of the People's Republic of China shall be repealed at the same time.

On January 1, 2021, the Civil Code will be implemented, and the marriage law will be repealed after the inspection.