The debt that the husband owes, does the wife want to return?
Be sure most person feels,
Want to return!
Husband and wife two, a family,
Husband debt wife still, be like also be perfectly justified.
Jade annulus person Ms. Z, went up because of this the accused court,
But, final, the court was sentenced --
Ms. Z need not return money!
For what? Female brethren must look well!
Have key content,
Do good notes to breath out please!
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Understand first
The husband runs road, be in debt who will return?
Jade annulus person Ms. Z ever had a family that makes a person colourful admire, her job is smooth and steady and comfortable, marital goodness honest and sincere, marry 10 years, husband and wife is harmonious conjugal love, the daughter is clever and sensible. Her easy life of a small family passes also pretty is free from worry.
Ms. Z never has thought, her life can remove great billows...
A day of March 2017, the husband of Ms. Z was missing suddenly, searching without if really.
Of when everything is all right, how can the husband be missing?
The stunned that had not waited for Ms. Z to disappear from the husband and helpless in had answered a god, after 2 months, the court searchs come to come...
Accuser Wu Xi (alias) to forensic to lodge a complaint, requirement Ms. Z remands 310 thousand what the husband owes. On the court, wu Xi obtains the loan evidence in skill, and with " leasehold relation happens at husband and wife during relation of 2 people marriage puts add for " requirement Ms. Z is collective reimbursement. Irrefutable evidence, this money is really. The husband lends money, this not allow to deny.
The husband does not know a person to be in where, debt of a huge sum is ineffable however fall from the day, this is a thunder from the clear sky simply to Ms. Z.
Ms. Z is subdued acedia, two people marry 10 years, bedside person is what kind of person after all, why is he met without reason disappears, why can you have various money again? Borrowed money, what does the husband work to use? Say like other people place really, his gamble owes money, run road? Later she this what course to follow? Everything before is allowed do not get her to think carefully.
In August 2017, jade annulus court enters a judgement: Ms. Z is compulsory to owing existence to repay jointly. After the court decision, ms. Z applies for rehear to court of justice of jade annulus town, but out of court.
But this money, has Ms. Z to want to be returned together?
With these 3 reason, the wife need not return money!
New administration of justice explains, brought a hope to Ms. Z.
On January 18, 2018, " the explanation that top people court involves statute of comfortable use of case of dispute over obligation of husband and wife to concern an issue about cognizance " carry out formally, among them the 3rd specific provision:
One party of husband and wife is put in marital relation the family is exceeded with individual name during add the debt that daily life needs to lose, creditor the right holds in order to belong to husband and wife for joint liability, people court does not grant to support, but creditor can prove this debt is used at husband and wife to collective life, joint production is managed or be based on both sides of husband and wife common meaning is denotive except.
In June 2018, ms. Z applies for law to supervise to procuratorate of people of jade annulus city, procuratorate of people of city of classics stage state is examined to stage state city intermediate people court mentions counterappeal.
Counterappeal reason
1
■ although loan happens during concern of Ms. Z spouse puts add, but Ms. Z is right debt utterly ignorant.
2
■ 2 people job stabilizes Ms. Z husband and wife, income is considerable, its salary can satisfy a family completely normal life place needs. What lend money to be not use at husband and wife 2 people live jointly, and exceed a family apparently daily life place needs range, joint investment is engaged in nonexistent also husband and wife production runs an activity.
3
■ basis " top people court involves case of dispute over obligation of husband and wife about cognizance the explanation of applicable law concerned problem " relevant provision, should prove by Wu Xiju card loan is used at Ms. Z 2 people of husband and wife are collective life, common manage or be based on both sides of husband and wife common meaning expresses.
On March 14, 2019, court of intermediate people of stage state city adopted the counterappeal opinion of procuratorial work mechanism, clear Ms. Z does not assume reimbursement obligation in civil dispute over obligation here.
Inquisitor reminds
Delimit key!
Spouse concern puts the money during add, do not need 2 people certainly collective reimbursement. Who borrows? Who was used? It is crucial!
Did you remember?
