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Anonymous users2024-02-10Hello; Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II).
Article 24 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 handled 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.
Article 19: [Agreement on Marital Property] Husband and wife may agree that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or partly separately and partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of articles 17 and 18 of this Law apply.
The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is binding on both parties.
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 shall be paid off with the property owned by the husband or the wife.
According to the above legal provisions: to give you two suggestions: one is to actively sign a marital property agreement, if you encounter a loan, inform in time;
The third is that illegal debts are not liable, that is, if they are gambling debts or the like, they need to be held responsible.
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Anonymous users2024-02-09Signing of a matrimonial property agreement.
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Anonymous users2024-02-08The husband's personal debts are paid by the individual, but care should be taken to protect the interests of bona fide third parties. 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 shall be paid off with the property owned by the husband or the wife. 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 the wife to the outside world are not known to the third party, the debts incurred by the husband or the wife cannot be paid off with the property owned by the husband or the wife, but the property owned by the husband or the wife plus the property jointly owned by the husband and wife and the property of the other spouse shall be jointly liable.
Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of the marital relationship is the joint property of the husband and wife and is jointly owned by the husband and wife: (1) Wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; (3) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.
Article 1065 of the Civil Code of the People's Republic of China provides that a man and a woman may agree that the property acquired during the marriage relationship and the property before the marriage shall be owned separately or jointly, or partly separately and partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.
The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties. 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 counterpart, the personal property of the husband or wife shall be repaid. Article 1063 of the Civil Code of the People's Republic of China provides that the following property is the personal property of one of the husband and wife:
1) the pre-marital property of one of the parties; (2) Compensation or compensation received by one party for personal injury; (3) Property that is determined in a will or gift contract to belong to only one party; (4) Daily necessities for the exclusive use of one side; (5) Other property that shall belong to one party. Article 1089 of the Civil Code of the People's Republic of China provides that in the event of a divorce, the joint debts of the husband and wife shall be repaid jointly. Where the joint property is insufficient to be paid off or the property is owned by each other, the two parties shall settle it by agreement; If the agreement is not reached, the people's court shall make a judgment.
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Anonymous users2024-02-07Legal Analysis: The analysis should be carried out from the following aspects:
1. If it is used for the common life of the husband and wife or the family, it is considered a joint debt of the husband and wife, and there is an obligation to repay;
2. If it can be proved that the debt is a debt of the husband alone, the creditor can refuse to repay the money;
3. If money is borrowed for gambling, the national law does not protect such claims and debts;
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 husband and wife 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.
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Anonymous users2024-02-06The joint debts of the husband and wife shall be repaid jointly.
In the event of a dispute over the debts of the husband and wife, the joint debts of the husband and wife shall be repaid jointly. Where the joint property is insufficient to be repaid or the property is owned by each other, the closed property shall be repaid by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment. If the creditor can prove that the debt was used for living together, it has the right to require the other party to bear joint and several liability for the repayment of the debt.
In the event of divorce, the joint debts of the husband and wife shall be repaid jointly. If the joint property is insufficient to be repaid or the property is owned by each bureau, it shall be settled by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment.
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Anonymous users2024-02-05Legal analysis: If one of the husband and wife borrows debts, and the other party who is not a debtor cannot prove that it is the personal debt of the debtor, it will be treated as a joint debt of the husband and wife.
Legal basis: Article 1089 of the Civil Code of the People's Republic of China In the event of divorce, the joint debts of the husband and wife shall be repaid jointly. If the joint property is insufficient to pay off or the property is owned by each other, the two parties shall settle it by agreement; If the agreement is not reached, the people's court shall make a judgment.
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Anonymous users2024-02-04Legal analysis: If the creditor requires the wife to repay the debt, then the wife can provide evidence to prove that the debt was not used for the common life of the husband and wife, and it is a personal debt that is defeated and does not bear the responsibility for repayment.
Basis of the Split Law: Article 1064 of the Civil Code of the People's Republic of China: Debts borne by both husband and wife in the joint signature of the husband and wife or by one of the husband and wife in the subsequent recognition of the common intention, as well as debts incurred by one of the husband and wife in their own name during the existence of the marital relationship for the daily needs of the family, are joint debts of the husband and wife.
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