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Gambling debts are not protected by law and can be refused to be repaid, but the act of gambling itself is illegal, and gambling can be reported to the public security organs.
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Writing notes to repay money has nothing to do with gambling, no matter what, as long as the data is written, it is evidence and should be returned.
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Legal Analysis: Gambling debts can not be repaid. Because gambling is illegal in our country, all gambling activities are not protected by the law, and gambling debts are illegal debts that do not need to be repaid.
If the lender clearly knows that the borrower is borrowing money for the purpose of carrying out illegal activities, the lending relationship is not protected.
Legal basis: "Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases" Article 13 In any of the following circumstances, the people's court shall find that the private lending contract is invalid:
1) Arbitrage loans from financial institutions for on-lending;
2) Relending funds obtained by borrowing money from other for-profit legal persons, raising funds from employees of that unit, or illegally absorbing deposits from the public;
3) Lenders who have not lawfully obtained lending qualifications provide loans to unspecified targets of society for the purpose of making profits;
4) The lender knew or should have known in advance that the borrower was borrowing money for illegal or criminal activities, but still provided the loan;
5) Violating mandatory provisions of laws or administrative regulations;
6) Violating public order and good customs.
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Gambling debts do not need to be repaid. Gambling debts are illegal debts that do not need to be repaid. At the same time, you can go to the public security organ to report gambling. In addition, the law stipulates that if the lender knows that the borrower is borrowing money for the purpose of carrying out illegal activities, the lending relationship is not protected.
Article 11 of the Several Opinions on the Trial of Lending Cases by the People's Courts provides that if the lender clearly knows that the borrower is borrowing money for the purpose of carrying out illegal activities, its lending relationship shall not be protected.
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Gambling debts cannot be refunded because gambling is illegal, gambling debts are illegal debts, the debt is not protected by law, and the debtor does not need to pay back, but the scope of the debt is limited to the debts incurred by the perpetrator as a result of gambling.
1. What should I do if I can't afford to pay off my gambling debts.
The solution to the gambling debt that cannot be paid is as follows:
1. Gambling is an illegal and criminal act, and gambling debts are not protected by law, even if the money is not repaid, the law will not protect it, and the court will not accept it.
2. In gambling, borrowing money from others and laying an IOU, the IOU is written for other reasons, as long as there is no evidence to prove that this is a gambling debt, the debtor should repay, for the debtor does not repay, the creditor needs to file a lawsuit in the court on his own, for those who have the ability to repay or refuse to repay or have evidence to prove the transfer of property to escape, the creditor can apply to the court for enforcement, and the debtor will be punished.
3. If the debtor deceives others and borrows money from others for gambling, the debtor shall repay, and if the debtor does not repay, the creditor needs to file a lawsuit in the court on his own, and if the creditor has the ability to repay or refuses to repay or has evidence to prove the evasion of transferring property, the creditor can apply to the court for compulsory enforcement, and the debtor will be punished.
2. Is gambling illegal?
Gambling is illegal. Gambling debts are debts owed in casinos while gambling and are not protected by law. Because the debt formed by gambling is sued in the court, the court will not support it.
That is, when the court hears the case, it must be proved that the debt owed to the other party is a gambling debt. For this fact, there is a burden of proof. Borrowing other people's money to gamble is not gambling debts, and repaying the mountain trip is to be repaid.
Whoever provides conditions for gambling or participates in gambling for the purpose of making a profit may be given an administrative punishment. Where the circumstances are serious and gambling is the business, they may be suspected of a criminal offense.
3. Do husbands and wives need to bear men's gambling debts together?
Husbands and wives do not need to bear men's gambling debts together. The law clearly stipulates that if a third party claims that a debt incurred by one of the husband and wife in the course of gambling, drug abuse, or other illegal or criminal activities is a joint debt of the husband and wife, the people's court will not support it. Therefore, a man's gambling debts are not joint debts of the husband and wife, and the wife does not need to bear them together, but should be repaid by the man himself, even if the creditor asks the wife to repay, the wife can directly refuse.
Article 13 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases.
In any of the following circumstances, the people's court shall find that the private lending contract is invalid:
1) Arbitrage loans from financial institutions for on-lending;
2) Relending funds obtained by borrowing money from other for-profit legal persons, raising funds from employees of that unit, or illegally absorbing deposits from the public;
3) Lenders who have not lawfully obtained lending qualifications provide loans to unspecified targets of society for the purpose of making profits;
4) The lender knew or should have known in advance that the borrower was borrowing money for illegal or criminal activities, but still provided the loan;
5) Violating mandatory provisions of laws and administrative regulations;
6) Violating public order and good customs.
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OK. Gambling is illegal in China, and all gambling activities are not protected by law. Gambling debts are illegal debts that do not need to be repaid, and gambling can be reported to the public security organs.
Legal basis: "Provisions on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases" Article 14: In any of the following circumstances, the People's Court of Justice shall find that the private lending contract is invalid: (1) taking loans from financial institutions for re-lending; 2) Relending funds obtained by borrowing money from other for-profit legal persons, raising funds from employees of that unit, or illegally absorbing deposits from the public; 3) Lenders who have not lawfully obtained lending qualifications provide loans to unspecified targets of society for the purpose of making profits; 4) The lender knew or should have known in advance that the borrower was borrowing money for illegal or criminal activities, but still provided the loan; 5) Violating mandatory provisions of laws or administrative regulations; 6) Violating public order and good customs.
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Legal analysis: Gambling is an illegal act in China, and all gambling activities are not protected by law. Gambling debts are illegal debts that do not need to be repaid. At the same time, you can go to the public security organ to report gambling.
Legal basis: Article 153 of the Civil Code of the People's Republic of China Civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid. However, the absence of the mandatory provision does not lead to the invalidity of the civil juristic act.
Civil juristic acts that are contrary to public order and good customs are invalid.
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Legal Analysis: Gambling debts are also debts in a reasonable sense, and they must be repaid if they are debts. However, from a legal point of view, gambling debts are not protected by law, that is, debts formed by gambling are not supported by the court.
At the same time, there is a difference in the formation of gambling debts, if the debts owed on the casino at the time of gambling belong to gambling debts. However, if you borrow money from someone else to gamble and they do not know that it is used for gambling, it cannot be regarded as a gambling debt.
Legal basis: Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases》 Article 14: Where a plaintiff initiates a private lending lawsuit on the basis of proof of creditor's rights such as IOUs, receipts, and IOUs, and the defendant raises a defense or counterclaim based on the underlying legal relationship, and provides evidence to prove that the creditor's rights dispute is not caused by private lending, the people's court shall, on the basis of the ascertained facts of the case, try it in accordance with the basic legal relationship of Yanhui. The provisions of the preceding paragraph do not apply to creditor's rights and debts agreements reached by the parties through mediation, conciliation, or liquidation and jujube chains.
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