Can the custodian dispose of his property?

In the judgment of the declaration of disappearance, the court appoints a custodian of the missing person's property. The custodian of the property is determined in accordance with the facilitation of the administration of the missing person's property. The custodian of the property appears directly as the plaintiff or defendant in the lawsuit involving the missing person, rather than as the **person of the missing person.

1) Protect the property of the missing person from infringement. The custodian of the property must conscientiously perform the custody obligation, manage the missing person's property well, and correctly exercise the right of escrow. Necessary measures may be taken to dispose of the property of a missing person that is susceptible to deterioration and to preserve the price; to prevent natural disasters or other causes of damage to people and property; The custodian may file a lawsuit as a plaintiff for infringement of the missing person's property.

2) The obligation to pay the expenses due from the property of the disappeared person in accordance with the law. Necessary expenses such as taxes, debts and other expenses payable by the missing person, alimony, alimony, maintenance and management fees arising from the custody of the property shall be paid by the custodian from the property of the missing person. Where creditors demand that the missing person pay off debts and compensate for losses, they may directly request from the custodian, and if the custodian refuses to pay, the custodian may be listed as a defendant and file a lawsuit.

Where the custodian refuses to perform the escrow duties, or loses the management capacity during the escrow period, is unable to perform the escrow duties, or takes advantage of the escrow to infringe upon the property rights and interests of the missing person, the interested party may submit an application to the court, and the people's court may, after ascertaining the facts, make a ruling to modify the custody of the missing person's property in accordance with law.

Legal Analysis: The scope of candidates for the custodian of the missing person's property includes the missing person's spouse, parents, adult children, or other close relatives and friends, as well as citizens or relevant organizations designated by the people's courts. If a person with no capacity for civil conduct, a person with a quarrel or a person with limited capacity for civil conduct is missing, his guardian is the custodian of the property.

The current legislation only clarifies the scope of the property custodian who can be served, but does not clearly stipulate the precedence of the parties within the scope of serving as the property custodian.

Legal basis: Article 21 of the Provisions on the Administration of RMB Rough Interest Rates The interest rate of medium and long-term loans (with a term of more than one year) shall be fixed for one year. The loan (including all funds that shall be disbursed in installments within one year from the effective date of the loan contract) shall be calculated according to the statutory loan interest rate of the corresponding grade on the effective date of the loan contract according to the term determined in the loan contract, and the interest rate for the next year shall be determined according to the statutory loan interest rate of the corresponding grade at that time after each full year (the date of disbursement of the first loan shall prevail in the case of partial disbursement).

Medium and long-term loans are settled on a quarterly basis, and the interest settlement date is marked on the 20th day of the last month of each quarter. The interest that cannot be paid on time during the loan period will be compounded at the contract interest rate on a quarterly basis, and the penalty interest rate will be compounded after the loan is overdue.

Legal Analysis: In the judgment of the declaration of disappearance, the court appoints a custodian for the missing person's property. The custodian of the property is determined in accordance with the facilitation of the administration of the missing person's property.

The custodian of the property appears directly as the plaintiff or defendant in the lawsuit involving the missing person, rather than as the ** person of the missing person. Escrow here is temporary custody, for example, if the missing person has a previous debt, when the debt is due, the custodian must use the missing person's property to pay the debt. Conversely, if someone owes money to the missing person, the custodian can also demand repayment in the name of the missing person.

If the missing person has other expenses to pay, such as taxes, the custodian must also pay for the missing person from the property of the missing person.

Legal basis: Article 42 of the Civil Code of the People's Republic of China: The property of a missing person is to be held in escrow by his or her spouse, adult children, parents, or other persons who are willing to serve as custodians.

Where there is a dispute over custody, and there is no person provided for in the preceding paragraph, or the person provided for in the preceding paragraph does not have the capacity for escrow, the person designated by the people's court is to take custody on hold.

Article 43: Property custodians shall properly manage the assets of missing persons and preserve their property rights and interests.

Taxes, debts and other expenses due to the missing person shall be paid by the property custodian from the property of the disappeared person.

Where the custodian of property intentionally or grossly negligently causes losses to the missing person's property, they shall bear responsibility for compensation.

Article 44: Where the custodian of assets does not perform escrow duties, infringes upon the missing person's property rights and interests, or loses the ability to manage the missing person, the interested parties of the missing person may apply to the people's court to change the custodian of the property.

Where the property custodian has a legitimate reason, he may apply to the people's court to change the property custodian.

Where a people's court changes the custodian of assets, the changed custodian has the right to request that the original custodian promptly transfer the relevant assets and report on the situation of the escrow.