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Law aegis introduction " be in debt return money " , it is everybody from of old all the time the truth of place believe in, but end when one the individual's life, so whether did the liability that bears on his body also end subsequently? "Disappear of person dead debt " is this kind of view reality after all? That creditor is become again how thought fors the time being, die when debtor, meet derivative a series of problems, we should manage like where after all, how should creditor protect him interest again? The article carries a case, explain to everybody leasehold medium risk!Graph article has nothing to do
Incident summarizes Lin Xiaomei is forest the cousin of eldest sister, two people relation is very good, often gather under the counter; Some forest eldest sister belt sees Lin Xiaomei its friend Liu is big, liu Da head asks 2 people to have a meal together. Wine crosses 3 make one's rounds, dish crosses the five flavors, liu Da head strikes while iron is hot, state oneself want to lend a dot money; Can't help not be willing a bit in Lin Xiaomei heart, but think better of thinks, oneself just ate a meal with the family, really mouth having a person is soft, hand of make things difficult for others is short. Since be the person that watch elder sister assures,thinking, also should do not have what big question, borrowed very reluctantly then 250 thousand give Liu Da the head, liu Da head still says borrow with individual name, want to be used at company capital have enough to meet need, he made receipt for a loan actively still! Soon, lin Xiaomei is informed stalk of Liu is big sudden head to die, this ability thinks of he still has 250 thousand yuan to did not return his, then she begs to Liu is big wife the debt of 250 thousand. But who knows wife of Liu Da head to say whose however not know the inside story, lin Xiaomei is at a loss, does this money hit water to float so? That oneself is not short big hair! Told wife of Liu Da head under one anger then court!Graph article has nothing to do
Law aegis commentate lawBasis " inheritance act of People's Republic of China " thirtieth sets 3 times: Successive bequest ought to pay off by heir lawfully ought to the imposition of pay and debt, pay imposition and pay off debt the bequest with him is actual value in the limit of. Exceed inheritance real value share, do not be restricted what heir repays of one's own accord here.
Heir abandons acceding, right by heir lawfully ought to the imposition of pay and debt need not be lost repay responsibility.
Tell from legal angle, the husband and wife are two independent civil main body, two people assume civil obligation independently. Creditor's rights produces effectiveness to specific debtor only, debt cannot be transferred at will.
Relevant judicatory explains: One party of husband and wife is put in marital relation the family is exceeded to live daily with individual name during add an indebted Wu, 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.
Civil code is all-embracing!
According to above law, can reach the following conclusion:
- The implementation need hold of debt pay off is effective loan evidence, if contain the bill signed in acknowledgement of debt that oneself sign; After debtor is dead, debt won't be eliminated, with bequest preferential repay; Husband and wife is collective debt wants discretion, want to show the evidence that proves joint liability; Otherwise, cannot ask for debt to the other side!
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Classics court maintains: The receipt for a loan that Lin Xiaomei shows is true and have legal effectiveness, so the court adjudicates Liu Da head to hold water to Lin Xiaomei's debt, liu Da head owes Lin Xiaomei 250 thousand yuan; But be based on be related of loan of Liu Da head is not common meaning shows husband and wife, also did not use at husband and wife collective life, joint production is managed, and Liu Da head states this is the money that individual name lends clearly when making receipt for a loan, reason court decides this loan does not belong to husband and wife joint liability. Liu is big court after dying liquidated his bequest, discover him and do not have bequest, cannot repay so debt! Law aegis judges analyse to be an upright person otherwise takes small advantage, common saying says " the mouth that has a family is soft, the hand of home of make things difficult for others is short " , the sky drops pasty incident of this kind of small probability is 10 thousand incredibly, we should stand fast from beginning to end this heart. If this case forest is small,younger sister can accomplish this, she also won't last a dumb person eats the rhizome of Chinese goldthread, be in an unfavorable situation for nothing; In matter to " money " on the problem, we must take care meticulous. Say to be clear that who borrows beforehand, borrow what to do, how to return money, when to return, all everything wants to consider, avoid to appear to be bothered needlessly, accomplish against a rainy day, assure to have as far as possible borrow have still;Some risks want to notice!
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