Woman s pre marital concealment of foreign debts? Whether it is illegal to conceal premarital debts

This is unreasonable, the woman's premarital debts are repaid by the woman herself, and the man's premarital property belongs to the man, and the woman has no right to divide it. The woman's concealment of premarital debts is deception, and the man can refuse the woman's request, and if the woman is not satisfied, the man can file a lawsuit against the woman for fraudulent marriage.

The crime of marriage fraud is the act of defrauding others of a relatively large amount of property by fabricating facts or concealing the truth for the purpose of soliciting property through marriage, and constitutes a crime. The subject of the crime of fraud is an ordinary subject, and all natural persons who have reached the age of criminal responsibility and have the capacity for criminal responsibility constitute the subject of this crime. Judging from the provisions of the Criminal Law itself, there is no provision for marital relations as a necessary condition for the establishment of the crime of fraud.

In other words, as both parties in a marital relationship, they are not excluded from being held criminally liable for the crime of fraud. The provisions of China's Criminal Law on criminal subjects include the age of criminal responsibility, the capacity for criminal responsibility, and the identity of special subjects, such as the provisions on criminal subjects in crimes abusing public office.

In the crime of fraud, there is no legal basis for restricting the subject of the crime of fraud. In judicial practice, there are many cases where the crime of intentional injury between husband and wife or close relatives has been criminally prosecuted, but the special relationship between the two parties is considered in the handling and the crime is treated differently from that committed in society. Marital relationship is not a condition for exemption from liability, and if the subject of the crime of fraud is required to be both parties to a non-marital relationship because of the existence of a marital relationship, it is obviously contrary to the provisions of the Criminal Law that the crime of fraud is a general subject.

So, how to accurately grasp and handle the case of defrauding money through marriage, and distinguish between immoral marriage and fraud crime, it is believed that we can understand and judge from the following aspects.

First, from the perspective of the time when the criminal intent arises, the criminal intent of the crime of defrauding money by marriage often arises before the marriage relationship is established, and having the criminal intent to illegally take possession of other people's money and property is an important constitutive element in determining the crime of marital fraud.

Second, in terms of objective behavior, the method of fabricating facts and concealing the truth was adopted to deceive the victim's trust. After obtaining the property by deception, the perpetrator uses the property for personal squandering. In order to cover up the fact of fraud and gain the trust of the victim more, the perpetrator will sometimes spend a small amount of the defrauded money on the victim, but the money is still under the personal control and control of the perpetrator in essence.

Third, from the perspective of the ownership of the property obtained by fraud, the property obtained by fraud is the property of one party before marriage or the property of other persons who have a relationship with the victim, and does not belong to the joint property of both "husband and wife" after the marriage relationship is established.

Fourth, after the case is discovered, with reference to the attitude of the victim, the judicial organ may consider whether it is necessary to prosecute the crime, so as to achieve the unity of the legal system and the social effect.

Concealment of debts before marriage is not considered marriage fraud. If the debt is used to prepare for the wedding, it should be repaid jointly by both parties. If it is used only by one party, it will be repaid by the debtor and does not need to be repaid by both parties.

This is a pre-marital debt that the husband does not have to pay in the event of a divorce, and if the property is divided, the joint property of the husband and wife is divided.

Unreasonable, of course. You concealed your foreign debts before marriage. It is a deception. And also to divide the property. It doesn't make sense.

This is unreasonable, because the woman's concealment and deception are the first, and this method of dealing with the woman must not make people suspect that she is cheating on marriage to repay debts.

Legal Analysis: The act of concealing premarital debts does not constitute an illegality, because the debts owed before marriage are generally the debts of individual sellers, and will not affect the marriage relationship; However, if the debt owed by one of the spouses is for the couple's joint life after marriage, the debt needs to be shared by both spouses.

Legal basis: Article 1064 of the Civil Code of the People's Republic of China Debts borne by the 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 his or her own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife. Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.

Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1) Article 33 Where a creditor claims rights against the debtor's spouse in respect of a party's personal debts incurred before marriage, the people's court shall not support it. However, the creditor can prove that the debt was incurred for the common life of the family after the marriage.

Legal Analysis: Premarital debts are personal debts and do not need to be borne jointly by both husband and wife. Regarding divorce, if the negotiation fails, you can sue for divorce, but the relationship has broken down, and the court will grant a divorce to both parties.

Legal basis: Article 1064 of the Civil Code of the People's Republic of China Debts borne by the 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 his or her own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife. Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife to live together, jointly produce economic branches and businesses, or based on the common intention of the husband and wife.

Legal Analysis: If the marriage is coerced, the coerced party may request the marriage to be revoked by the marriage calendar or the people's court. A request by the coerced party to annul the marriage shall be submitted within one year from the date of registration of the marriage.

Where a party whose personal liberty has been unlawfully restricted requests the annulment of marriage, it shall be submitted within one year from the date on which personal liberty is restored.

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

Article 1046:Marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other, nor shall any organization or individual interfere with it.

Article 1047:The age of marriage shall not be earlier than 22 years for men and 20 years old for women.

Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations.

Article 1049 A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.

Article 1050:After marriage is registered, the woman may become a member of the man's family, and the man may become a member of the woman's family, in accordance with the agreement between the man and the woman.

Article 1051 In any of the following circumstances, the search for a ruined royal marriage shall be invalid:

a) bigamy; 2) Have a family relationship that prohibits marriage;

3) They have not reached the legal age for marriage.