Editor's note
One party of husband and wife puts add in marital relation during external with individual name raise debt, it is all repay by one party of husband and wife, be still husband and wife is assumed jointly? Besides, whether the 3rd kind still repays means?
Recently, shanghai court of the first intermediate people (one quadrangle of Shanghai of the following abbreviation) heard case of civilian leasehold dispute one case, the debt of husband and wife that 2 careful published in January 2018 according to top people court tries new rule, divisional debt whereaboutldirection, wife of change the original sentence is assumed to partial loan and accrual repay jointly responsibility, odd part fastens marital individual liabilities, repay alone by the husband.
Borrow money inside marital marriage
First instance adjudicates husband and wife repays jointly
Considering gentleman and land lady is husband and wife. Feburary 2017, consider a gentleman to lay borrow or lend money with individual name Xiang Zhangxian 400 thousand yuan, mr Zhang turns through the bank Zhang Xiang Guxian gives birth to consign loan, consider a gentleman to issue receipt for a loan, receipt to Mr Zhang each one, affirmatory a month is paid off. Consider a gentleman to get borrow or lend money 400 thousand yuan that day, turn to wife land lady Zhang 25 thousand yuan.
In June 2017, because of for many times dun not if really, mr Zhang appeals to to the court, the requirement considers lady of gentleman, land collective refund and accrual of reimbursement of exceed the time limit.
Court of first instance maintains this loan to happen during considering gentleman and relation of land lady marriage to put add, ought to press husband and wife joint liability processing. Consider a gentleman to be in obtain loan that day be about to partial money turns lady of Zhang consign land, reason land lady did not use borrow or lend money at husband and wife about considering a gentleman this collective life, case debt is not husband and wife the view of joint liability, court of first instance does not grant to support. Court of first instance satisfies a court decision to consider gentleman and land lady to repay jointly debt. Land lady refuses to obey, appeal reachs Shanghai one quadrangle.
2 careful are applicable new rule of debt of husband and wife
Divisional debt whereaboutldirection defines person of repay a debt
Land lady appeal says, oneself borrow money to considering a gentleman be related not know the inside story, and consider gentleman Xiang Zhangxian to lay borrow or lend money 400 thousand yuan, reimbursement period a month, exceeded a family apparently daily life place needs, should not maintain for husband and wife joint liability. 25 thousand yuan when consider a gentleman to turn to her also are to be used at repaying external debt, first instance is about by come-and-go of this one debt only she and man are common repay a debt is apparently undeserved.
One quadrangle of Shanghai thinks via cognizance:
Announced in January 2018 according to the supreme court " the explanation that involves statute of comfortable use of case of dispute over obligation of husband and wife to concern an issue about cognizance " , in this case, borrow period amount of a month although 400 thousand yuan loan happens during considering relation of marriage of lady of gentleman, land to put add, but already exceeded a family apparently daily life place needs, and Mr Zhang also fails collective life, joint production is managed or quote proves this loan is used at husband and wife is both sides of husband and wife common meaning expresses.
In the meantime, consider a gentleman to be in loan that day namely inshore lady turns Zhang 25 thousand yuan, land lady is consentient to fact of this be related. This money ought to regard reason as land lady with his behavior admit posthumously this part debt is husband and wife joint liability, after the event of this part loan uses even if at countervail debt to also do not affect its the property of joint liability.
The loan that one quadrangle of Shanghai satisfies change the original sentence to consider lady of gentleman, land to be opposite 25 thousand yuan and accrual of exceed the time limit are assumed jointly repay responsibility, odd 375 thousand yuan loan and accrual of exceed the time limit by consider one person of gentleman to repay.
Top people court " the explanation that involves statute of comfortable use of case of dispute over obligation of husband and wife to concern an issue about cognizance "
Both sides of the first husband and wife signs jointly or represent a negative liability admit posthumously of after the event of one party of husband and wife with the meaning in all, ought to maintain for husband and wife joint liability.
One party of the 3rd 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.
Law of general of origin Piao China
Edit Piao Chen Zixin
