What is the basis for determining the transfer of property?

Basis for determining the transfer of assets:

Almost all the risks and rewards on financial assets are transferred. Transfer of financial assets (including a single item or a group of similar financial assets): refers to the transfer or delivery of financial assets (or their cash flows) by an enterprise (transferee) to a party other than the issuer of the financial assets (transferee).

Asset transfer refers to the process of transferring the underlying assets from the initiator (original equity holder) to the SPV, which is one of the most important links in the transaction structure. The transfer of assets can be characterized as a bona fide sale and secured financing, and the transfer of assets by way of a bona fide sale is one of the main means to achieve the goal of risk isolation.

Legal analysis: The basis for determining the transfer of property is that one of the spouses conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, which is the act of transferring property through divorce. Legal basis:

Article 1092 of the Civil Code of the People's Republic of China Where one of the husband and wife conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, when dividing the joint property of the husband and wife in divorce, the other party may receive a small share or no share. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.

The court found that the basis for the transfer was that there was a large amount of money in and out of a short period of time, and that the difference between the flow and outflow of such funds was very different from that before the divorce. For example, for bank deposits, the act of determining the transfer of assets:1

There is a large amount of money coming in and out in a short period of time. 2.And the inflow and outflow of large amounts of funds cannot be reasonably explained.

3.The inflow and outflow of this large amount of money is obviously abnormal compared with the flow before the divorce, that is, the inflow and outflow of large amounts of money is not the norm.

Immovable property is subject to transfer, and movable property is subject to delivery.

The determination of the transfer of property is as follows:

1. Maliciously colluding with others to transfer property;

2. Waiver of due creditor's rights or transfer of property free of charge;

3. Transfer of property at an obviously unreasonable low price;

4. Acquire other people's property with obviously unreasonable **;

5. There is an obvious abnormal large amount of funds in and out in a short period of time, and no reasonable explanation can be given.

In an economic dispute case, although the court ordered the debtor to pay money or liquidated damages to the creditor, the creditor was unable to obtain the corresponding amount of money in the enforcement procedure. The judgment of the court has become a judicial blank slip in the hands of the person who returns the creditor's rights. Among the many cases in which enforcement cannot be put in place, the reason why some cases cannot be enforced is not that the debtor has no financial ability, but that the debtor has the financial ability but maliciously transfers property after the debt is formed.

In the face of such a situation, positive measures can be taken through legal means to assist the court in enforcement.