Do I have an obligation to help him pay back?

Updated on society 2024-05-24
12 answers
  1. Anonymous users2024-02-11

    China's marriage law stipulates that premarital property belongs to personal property.

    You will not mortgage your house before marriage, the house you bought before marriage belongs to your personal private property, not the joint property of husband and wife, if you sue the court to repay the money, you are obliged to help him pay back, which is clearly stipulated in China's marriage law.

  2. Anonymous users2024-02-10

    Under normal circumstances, if you have been married for 10 years, even if you buy a house before marriage, it will be considered the joint property of the husband and wife.

    If the money borrowed by one party after marriage is not used to pay for the living expenses of the husband and wife and the necessary expenses of the husband and wife, the borrower shall generally bear the responsibility himself.

    So, in the case you said, you don't have to bear any responsibility!

  3. Anonymous users2024-02-09

    If you don't have a special agreement, the house is your personal property and has nothing to do with your husband.

    Article 18 of the Marriage Law of the People's Republic of China stipulates that under any of the following circumstances, it shall be the property of one of the husband and wife: (1) the premarital property of one party; (2) Medical expenses, living allowances for persons with disabilities, and other expenses received by one side as a result of bodily injury; (3) Property that is determined in the will or gift contract to belong to only one of the husband or wife; (4) Daily necessities for the exclusive use of one side; (5) Other property that shall belong to one party. Article 19 provides:

    Husband and wife may agree that property acquired during the marriage and property acquired before marriage shall be separately or jointly owned or partly separately and partly jointly owned.

    Article 19 of the Interpretation (1) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulates that: "The property owned by one of the husband and wife as provided for in Article 18 of the Marriage Law shall not be converted into the joint property of the husband and wife due to the continuation of the marital relationship. Unless otherwise agreed by the parties.

    It can be seen that China's Marriage Law stipulates that the property of husband and wife shall be subject to agreement if there is agreement, and if there is no agreement, it will be subject to law.

    There are two key time points for the confirmation of pre-marital property: one is the time point from "pre-marriage" to "post-marriage"; The second is the time point of "buying a house", that is, when it starts to be considered a successful purchase of a property.

    For the former, the answer is simple. That is, the date on which the husband and wife receive the Marriage Certificate can be regarded as the time point from "before marriage" to "after marriage", while other time points such as engagement and wedding ceremony have no legal significance.

    For the latter, it is more troublesome, which is the time point of "buying a house" in the process of buying a house? For example, if you sign a house purchase contract before marriage, pay the down payment, and only make a mortgage loan after marriage, and apply for a "real estate certificate", which is the "time point for buying a house"?

    Some people believe that in view of the fact that real estate belongs to the category of immovable property in law, and according to the relevant laws of China, the time point for the buyer to truly obtain the ownership of the purchased house is the date when the transfer procedures of the house are completed and the "real estate certificate" is obtained. Therefore, the date on which the title certificate is obtained is considered to be the time point of "purchase of the house". It has also been suggested that the key to judging this issue is whether the price of the house was paid out of personal property before the marriage or with joint property after the marriage.

    In fact, the above view is too narrow in understanding the concept of "purchase", so the conclusion drawn from this is also biased, considering the purpose of buying a house and the relevance of the whole process of buying a house, the time of signing the purchase contract should be the time of "purchase", and the nature of the act of "buying a house" can be best reflected when signing the contract.

  4. Anonymous users2024-02-08

    Funds in the account will be frozen. Housing will not be suppressed.

  5. Anonymous users2024-02-07

    It depends on whether you have notarized your premarital property.

  6. Anonymous users2024-02-06

    Summary. Hello, if the money for help is said to be borrowed temporarily, it must be repaid.

    Hello, if the money for help is said to be borrowed temporarily, it must be repaid.

    However, if the money is donated or given to the other party at the time, there is no need to pay it back.

    Did you get the money?

    It's funded.

    Or not? When people ask you for it, you have to pay it back.

    If people don't ask, don't pay it back.

    People ask me, I'm not okay, right?

    That's not going to work, I don't think.

    People are writing to help.

    And it didn't say gratuitous.

    Let's see how you communicate, you black and white.

    If you give it verbally, you don't have to pay it back.

  7. Anonymous users2024-02-05

    Summary. Hello dear, this person's actions constitute the crime of fraud. According to article 266 of the Criminal Law of the People's Republic of China, the crime of fraud refers to the act of defrauding a relatively large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession.

    The object of the crime of fraud is not to defraud other illegal benefits. The above is all my reply, I hope it can help you and I wish you a happy life

    Someone asked me to help him pay back the money, and he didn't pay me back, did that person break the law?

    Hello, it's an honor for me to answer your questions, it will take a little time to sort out the answers, please be patient

    Hello dear, this person's actions constitute the crime of fraud. According to the provisions of the Second Debate of the Criminal Law of the People's Republic of China, the crime of fraud refers to the act of defrauding a relatively large amount of public or private property for the purpose of illegal possession, by fabricating facts or concealing the truth. The object of the crime of fraud is not to defraud other illegal benefits.

    The above is all my reply, I hope it can help you and I wish you a happy life

  8. Anonymous users2024-02-04

    Summary. Borrowing money is not a civil dispute, and it is generally not illegal, and there is no need to report the case. However, if a creditor is defrauded of borrowing money by fabricating facts for the purpose of illegal possession, he may be suspected of the crime of fraud and may violate the law, and may report the case to the public security organ and actively cooperate with the investigation.

    Whether the debtor has committed an offence by borrowing money and not repaying it should be determined on a case-by-case basis.

    Someone asked me to help him pay back the money, and he didn't pay me back, did that person break the law?

    Kiss. Are you volunteering to help the other party?

    Borrowing money is not a civil dispute, and it is generally not illegal, and there is no need to report the case. However, if for the purpose of illegal possession, the creditor is defrauded of borrowing money by fabricating facts, he may be suspected of the crime of fraud, and it is possible to commit a crime. Whether the debtor has committed a crime by borrowing money and failing to repay it should be determined on a case-by-case basis.

    Ask about custom messages].

  9. Anonymous users2024-02-03

    Summary. Hello, if it is without your knowledge, you do not need to pay back. Borrowing money in the name of another person is an act of no authority**, unless you agree (i.e., consent), you do not need to repay the money, only the borrower will repay the money.

    Hello, if it is without your knowledge, you do not need to pay back. Borrowing money in the name of another person is not entitled to act on behalf of Na Qingli, unless you agree (i.e., consent), you do not need to repay the money, only the borrower will repay the money.

    The law stipulates: "Civil Code Yamato" Article 171 [No Authority**] Where the actor does not have the right to do so, or after the right is terminated, he still carries out the act of bending widely, and it is not recognized by the person, it is not effective against the person.

    There is no obligation, the stolen number is not your fault, the thief bears full responsibility for the reversal, but if you cheat a lot, you don't compensate at all, but Li Huaneng is not too good, after all, the friend is kind enough to help.

  10. Anonymous users2024-02-02

    Hello, the rights and interests of different subjects cannot cancel each other, through your description, you help others to repay the debt, so you should be responsible for repaying the debt, and you can claim the return to the person you helped.

  11. Anonymous users2024-02-01

    When encountering a situation where you owe money and do not pay it back, as a creditor, you should not be in a hurry at first, but should immediately find a lawyer to question, then collect evidence, and finally appeal to the court.

    If they dare not carry out the court judgment, they will pay it off even if they are sentenced to prison, rather than wishful thinking that they will go to jail to pay off their debts.

    What are the consequences of refusing to enforce a judgment?

    According to article 313 of the Criminal Law, a person who refuses to enforce a judgment or ruling of a people's court but has the ability to enforce it, and the circumstances are serious, is to be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

    Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

    The following situations are situations of "refusal to enforce the ability to do so, and the circumstances are serious":

    Where the person subject to enforcement conceals, transfers, or intentionally destroys property, or transfers property without compensation, or transfers property at an obviously unreasonable low price, making it impossible to enforce the judgment or ruling;

    Where the guarantor or the person subject to enforcement conceals, transfers, intentionally destroys or transfers property for which security has been provided to the people's court, making the judgment or ruling unenforceable;

    After receiving the people's court's notice of assistance in enforcement, the person with the obligation to assist in enforcement refuses to assist in enforcement, making it impossible to enforce the judgment or ruling;

    Where the person subject to enforcement, the guarantor, or the person assisting in enforcement conspires with the staff of a state organ to use the authority of the staff of the state organ to obstruct enforcement, making it impossible to enforce a judgment or ruling;

    Other situations where there is the ability to enforce but refusal to do so, and the circumstances are serious.

  12. Anonymous users2024-01-31

    Your question is not clear, who owes you the money?

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