<br>Creditor relationship between the duration of the marriage the husband and wife should work to repay the debt, but the court did not support<br> <br>Yangcheng Evening News reporter Ling Yue, correspondent Zhou Yi, Lizhi Yao reported: crown on the name of husband and wife, whether it should be you,VtLxpR9AK2, for me, regardless of property and debts, they must be "of a half minutes"? The period of marriage, the other spouse to conceal debt generated, whether regarded as jointly debt? A man before the divorce owed 280,000 yuan,lwge5EPwH2, and has been hiding until his wife divorced,nike air max 90, creditor claims as long as the husband and wife, they should jointly repay the debt,canada goose solde, borrowing requirements and together with his ex-wife to repay 280,wiJo4lbUwO,000 yuan loan, Guangzhou Huadu District Court after not support it.<br> <br>Man Pengmou infected because idle start gambling addiction, Lee borrowed 280,yP9o44940i,000 yuan to gamble recklessly. Lee repeatedly collection Pengmou still unable to repay the loan, July 11, 2013, Lee to private lending disputes, citing the completion of a Pengmou and Pengmou ex-wife to court, requesting the court to sum debt Peng a joint debts and Bi Moufu wife, Bi Moucheng jointly and severally liable, and requested the seizure of a complete set of real estate.<br> <br>The trial,tn requin pas cher, must show that they have divorced for several years, I did not agree to help Pengmou repayment, also known creditors Lee did not know, do not know the existence of this loan, did not know until the court hearing this notice of arrears existence, "we were clear at the time of divorce have talked about credit and debt problems during the marriage, Pengmou also admitted 280,UWEkjRss7y,000 yuan owed nothing to do with me." Frankly Pengmou 28 million debt is gambling, not a loan.<br> <br>Pengmou recalled 28 million debt is lost to Lee in Lee opened casinos, Lee had asked to write a "cash IOU", it is already clear to Lee, he had no money to pay, for the IOU wrote " flow difficulties due to business "loan reason Pengmou retorted:" I have no occupation,moncler outlet online, there is no revolving loan because of business "Pengmou think, after write IOUs, Lee collection so many times to no avail, and only then look. Transfer to your ex-wife upon completion of a request for a complete Pengmou repayments.<br> <br>Huadu District Court that, according to "Chinese Marriage Law" Article 41, "the time of divorce, the couple lived together in the debt paid, shall jointly pay back." In other words, the spouses owed his own name and unrelated individuals living together or the agreement of the burden of debt according to the law, can not be identified as the couple's joint debt. In this case, since the "cash IOU" Pengmou only one signature, his ex-wife does not recognize the completion of a debt owed for couples living together. In addition, Lee is not the burden of proof to confirm this loan is Pengmou wife and desirable loan, and the borrower for the couple to live together, they can not provide their business dealings of relevant documents and Pengmou,wDT5cvrPNo, so that the debt is Pengmou with Lee completion of a husband and wife together debt insufficient evidence.<br> <br>Finally,yB6veCmI9H, the court rejected the Huadu Lee's appeal, decree sum of debt to personal debt Pengmou. After the verdict,scarpe hogan outlet, Lee refused to accept the judgment of first instance, appeal and second trial rejected his appeal and upheld the original verdict.<br> <br>Judge interpretation<br> <br>How creditors safeguard their own interests?<br> <br>Attn judge noted, the creditor as lenders, which prior to lend an advantage with respect to debtor status, you can review the borrower uses,ox4o68Uq10, debtor solvency, borrowing desirable if both spouses, etc., if the creditors are intended both spouses bearing responsibility, you can claim the couple reached a consensual debt, otherwise you can refuse to lend to hedge their own risk. Therefore, the risk of creditor claims on their own should have a certain duty of care.<br> <br>Ling Yue, Zhou Yi, Lizhi Yao<br> (Edit: SN089)<br>
DavidCadogan.ca Forums » DavidCadogan.ca
jnl268jbSX
(1 post)-
Posted 10 years ago #
Reply
You must log in to post.