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This happens during the marriage. It needs to be shared by the husband and wife.
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 23 Where a creditor claims rights against the debtor's spouse on the personal debts incurred by one party 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.
Article 24 : Where a creditor claims rights over debts 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 25: Where the divorce agreement of the parties or the judgment, ruling, or mediation document of the people's court has already dealt with the issue of the division of marital property, the creditor still has the right to claim rights against both the man and the woman in respect of the joint debts of the husband and wife.
Where, after one party bears joint and several liability for the repayment of joint debts, claims recovery from the other party on the basis of the divorce agreement or the legal documents of the people's court, the people's court shall support it.
Article 26 In the event of the death of one of the husband or the wife, the surviving party shall be jointly and severally liable for the joint debts incurred during the existence of the marital relationship.
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The liability arising from the tort of one party is not a joint debt of the husband and wife, and the other party has no obligation to repay (compensate). However, the people's court may enforce the share of one of the spouses in the joint property.
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Compensation for demolition and relocation and compensation for injuries are two different things, one person commits a crime and the other party is not responsible, but because it is a husband and wife relationship, there is no responsibility and should be borne jointly.
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Hello! If the injured person is seriously injured, the hospital will identify how much compensation is needed, and if there is no money, the house can only be mortgaged and settled. There is no Amitabha Buddha in the south!
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There must be joint liability for this.
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Legal Analysis: Not included. The medical expenses and living allowance for the disabled received by one party as a result of bodily injury shall belong to the personal property of one of the spouses.
Legal Wu Yingxun basis: Article 1063 of the Civil Code of the People's Republic of China The following property is the personal property of one of the husband and wife: (1) the premarital property of one party; (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) A special daily necessities for this party; (5) Other property that shall belong to one party.
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If you are injured, you need to pay compensation in these two ways: 1. Negotiation and settlement: The two parties can negotiate on their own or reach a settlement under the mediation and mediation of other third parties to resolve the dispute; 2. Filing a lawsuit with the court
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Summary. Hello dear, I am happy to answer your husband's car accident serious injury compensation and the cost of living together between the husband and wife, and the wife still needs the wife to pay back the money after the divorce; If you use your husband's car accident serious injury benefit, you need to repay the money when you get divorced. According to the law, car accident compensation is not the joint property of the husband and wife.
The law stipulates that medical expenses, living allowances for the disabled, and other expenses received by one of the spouses as a result of bodily injury shall be the property of one of the spouses. The subsistence allowance paid by the perpetrator belongs to the medical expenses and living allowance for the disabled received by one party due to bodily injury, i.e., personal property. Since it is personal property and life support money, the other party has no right to claim division in the event of divorce.
However, because it is used for living together, it is generally only possible to claim repayment of half of the cost.
The husband is seriously injured in a car accident, and the husband and wife have spent living together, and the husband and wife still need to pay back the money after the divorce.
Hello dear, I am happy to answer your husband's car accident serious injury compensation and the cost of living together between the husband and wife, and the wife still needs the wife to pay back the money after the divorce; If you use your husband's car accident serious injury benefit, you need to repay the money when you get divorced. According to the law, car accident compensation is not the joint property of the husband and wife. The law stipulates that medical expenses, living allowances for the disabled, and other expenses received by one of the spouses as a result of bodily injury shall be the property of one of the spouses.
The subsistence allowance paid by the perpetrator belongs to the medical expenses and living allowance for the disabled received by one party due to bodily injury, i.e., personal property. Since it is personal property and life support money, the other party has no right to claim division in the event of divorce. However, because it is used for living together, it is generally only possible to claim repayment of half of the cost.
According to Article 1063 of the Civil Code, the following property shall be owned by one of the husband and wife: 1a party's pre-marital property; 2.
Medical expenses and living allowance for the disabled due to bodily injury of one party. 3.Property that is determined in a will or gift contract to belong to only one of the spouses; 4.
daily necessities for one party; 5.Other property that should belong to one party.
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Legal analysis: The liability for compensation for joint damage to others is as follows: 1. If the victim is intentional or negligent in the occurrence or expansion of the elimination of the same damage, the liability of the person obligated to compensate may be reduced or exempted.
However, if the infringer causes damage to others intentionally or through gross negligence, and the victim is only generally negligent, the liability of the person obligated to pay compensation shall not be reduced. When determining the liability of the person obligated to compensate, if the victim is grossly negligent, the liability of the obligor may be reduced. If two or more persons cause damage with joint intent or joint negligence, or if there is no joint intent or joint negligence, but the infringement directly combines the same harmful consequences, it constitutes joint infringement and shall be jointly and severally liable.
Where two or more persons do not have joint intent or joint negligence, but several acts carried out by them indirectly combine to produce the same harmful consequence, they shall each bear corresponding liability for compensation based on the degree of negligence or the proportion of causal force. Where two or more persons jointly carry out conduct that endangers the physical safety of others and causes harmful consequences, and the actual perpetrator cannot be identified, joint and several liability shall be borne. If the actor of the joint danger can prove that the harmful consequences were not caused by his or her conduct, he shall not be liable.
Legal basis: Civil Code of the People's Republic of China
Article 1168: Joint Infringement Where two or more persons jointly commit tortious acts, causing harm to others, they shall bear joint and several liability.
Article 1171: Joint and several liability for separate infringement of slag bridge and cluster rights Where two or more persons separately commit tortious acts that cause the same harm, and each person's tortious acts are sufficient to cause all the damages, the perpetrators bear joint and several liability.
Article 1172: Separate Tortious Liability Where two or more persons separately commit tortious acts causing the same harm, and the size of the responsibility can be determined, they each bear the corresponding responsibility to determine the size of the responsibility, and bear equal responsibility.
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Hello dear. According to article 266 of the Criminal Law of the People's Republic of China, criminal responsibility shall be pursued in accordance with law for the joint conduct of husband and wife causing minor injuries. First of all, according to article 166 of the Criminal Law of the People's Republic of China, acts that cause minor injuries shall be given a lighter punishment or commuted punishment.
The specific punishment depends on the victim's injuries and the attitude and behavior of the perpetrator. If the victim's injuries are minor, and the perpetrator's attitude and behavior are more serious, then consideration may be given to mitigating the punishment. Second, according to article 168 of the Criminal Law of the People's Republic of China, the husband and wife shall be given a heavier punishment for the conduct of the husband and wife jointly causing minor injuries.
The specific standard of punishment depends on the victim's injuries and the attitude and behavior of the perpetrator. If the victim's injuries are serious and the perpetrator's attitude and behaviour are worse, then a heavier punishment should be imposed.
If the case is now handled as a public security case at the police station, then a case like this is generally mediation, and the compensation is basically determined according to the degree of injury suffered by both parties. If it has risen to the level of a criminal case, then there is a lot of emphasis on evidence, but your friend has an upside and a downside. It is advantageous that they are three people, and they go to your friend's house, and they are direct blood relatives (the strength of their testimony to each other should be discounted); The disadvantage is that after all, there is an old man injured, and your friend has not a single witness evidence. >>>More
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If a worker is seriously injured in the second grade, if it is determined to be a work-related injury, the specific level of disability that can be identified as several levels of disability needs to be comprehensively assessed by the local labor ability appraisal committee according to the degree of injury and the injured part of the worker, and the final disability appraisal conclusion shall prevail. >>>More
You should not have any responsibility, traffic hit-and-run is a very serious matter, especially if it causes death, it is to be sentenced to prison, your fault is that you did not report the crime in time, but you finally worked with your family to promote his surrender, he turned himself in, and the case was solved, so generally no one else will be held responsible, and you are also there. Middle.