[basic details of a case]
2014, zhang Mou (male) with Li Mou (female) sign intercessory agreement, the brushstroke of both sides of the agreement in the agreement the loan of 2 million is repaid by Zhang Mou's individual, li Mou agrees not to divorce temporarily, give both sides the chance of a become reconciled, if Zhang Mou violates the concerned regulation of this agreement, criterion Li Mou gives a chance no longer. Later, as a result of become acute of contradiction of husband and wife, court of people of Li Mou lawsuit requests to divorce again.
[the court adjudicates a result]
According to the court cognizance is found out, in the intercessory agreement that accuser Li Mou and the accused Zhang Mou sign, agree by the accused to 2 million yuan of bilateral loan Zhang Mou is in charge of repaying, it is a purpose for become reconciled of husband and wife, the meaning of the mutual concession that both sides makes expresses, cannot maintain it is pair of common property is attributive agreements inside marriage of husband and wife. The lawsuit that reason advocates to this debt should be repaid by the accused to accuser requests not to grant to support.
[Song is filled with a lawyer to comment on]
Our country " marriage law " thirtieth sets 9 times: "When the divorce, common property of husband and wife is handled by bilateral agreement; When the agreement won'ts do, by people court basis the particular case of belongings, take care of the principle court decision of children and woman rights and interests. Take care of the principle court decision of children and woman rights and interests..
The 41st sets: "When the divorce, it is the debt that collective life place owes husband and wife formerly, ought to repay jointly. Common property is not worth pay off, or belongings returns respective all, by bilateral agreement pay off; When the agreement won'ts do, by people court court decision. By people court court decision..
Yang Zhizheng's lawyer hints, bilateral party is collective to husband and wife of belongings break up can agree by oneself, but joint to husband and wife liability ought to repay jointly. Focus of experience case controversy is the agreement of party both sides to 2 million loan, whether can hold the when break up or divorcing agreement of load of joint to husband and wife debt for common to husband and wife property. During as a result of marriage of husband and wife the relation puts add inside, the property that bilateral place acquires all belongs to husband and wife common property, namely the personal property that one party of husband and wife does not have him commonly, repay the belongings of joint liability should be husband and wife common property. In case of when act as agent in us leasehold dispute, creditor advocates to the spouse of debtor creditor's rights requests authority, although be opposite between debtor husband and wife of debt repay have an agreement, but this agreement is restricted only its interior agrees, have sanction to both sides of husband and wife only. Advocate to the spouse of debtor when creditor debt is husband and wife when joint liability, unless loan agreement is individual liabilities, or 2 people of husband and wife the belongings inside marriage puts in respective and all agreement 's charge and creditor knows this agreement, the court can give support. Accordingly, debt should be involved to assume in divorce dispute break up with belongings when waiting for a problem, had better consult concerned major lawyer, the rights and interests that avoids to bring about oneself because of not be familiar with legal provision gets enroach on.
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