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Chapter 316: Borrowing Debts Against His Wife (4)

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    ?

    In Shen Xianyun's view, Ke Ji should not have any nostalgia for a man like Wang Tao at all, and she should "break away" decisively like throwing garbage.

    It can be seen that easy action is difficult, Shen Xianyun is angry with Ke Ji, and she herself is not the same for her husband Lin Yunfei, who is habitually cheating.

    The word "love" is the most worrying, tossing and turning, even a strong-willed person will inevitably swing left and right in the face of true love, and it is difficult to make a decision.

    "Lawyer Lin, is there any way to make Zhang Xiaohui not get any money." Ke Ji asked with a stern look, completely opposite to the miserable look she had when she first started.

    Lin Ziyao turned her eyes away, she didn't want to meet Ke Ji's eyes.

    "You must have a solution, right?" Ke Ji asked Lin Ziyao.

    "Please help me." Ke Ji said.

    "I will never believe it. This woman is really in love with Wang Tao. She is only for money. Now she looks righteous and affectionate. I want to see if she doesn't want a penny.  , will she be willing to give birth to this child?" Ke Ji asked coldly.

    Lin Ziyao thought for a moment and said: "The "Inheritance Law" stipulates that the heir shall bear the responsibility of repaying the debt within the actual value of the inherited property. Therefore, the debt owed by the heir during his lifetime must be repaid within the scope of the inherited property.  repay within."

    "So, if, I mean, if the IOUs in the hands of those creditors are all real, Mr. Wang's property must first be used to repay the debt." Lin Ziyao said.

    Ke Ji tilted her head slightly, showing a thoughtful expression, and now she feels that Wang Tao's bastard borrowing money from outside is not completely useless.

    Maybe so, Zhang Xiaohui won't get a dime.

    The hatred for Zhang Xiaohui has completely overwhelmed the possible monetary loss.

    However, Shen Xianyun was more concerned about the debt issue. She asked for Ke Ji: "What about the money owed by Wang Tao, should my sister bear it?"

    "It depends on the evidence in the hands of Ms. Ke Ji and the evidence in the hands of those creditors." Lin Ziyao said.

    She always keeps in mind what the teacher taught them, that what the law looks at is legal facts, not objective facts.

    Ke Ji and Shen Xianyun looked at Lin Ziyao in some confusion.

    Lin Ziyao patiently explained: "Our country's regulations on the joint debt of husband and wife have undergone several adjustments. First of all, Article 41 of China's "Marriage Law" stipulates that 'in the event of divorce, the debt originally borne by the husband and wife living together shall be borne by the husband and wife.  Joint repayment', according to this regulation, if the creditor claims a joint debt, it is necessary to prove whether the debtor husband and wife agree to borrow the debt or whether the debt is used for the joint life or production of the husband and wife. In real life, the creditor can confirm the debtor husband and wife by requiring the debtor husband and wife to sign together  Whether the debt is agreed, but there is no way to determine whether the debt will be used for the joint life or production of the couple; it is generally believed that the relationship between husband and wife must be closer than the general relationship. If the husband and wife become a joint debt in order to avoid debt, deny the debt for joint life  It is difficult for creditors to provide evidence, resulting in many joint debts that cannot be identified, and the law loses its fairness here.¡±

    Lin Ziyao paused, and she deliberately slowed down her tone, so that legal novices like Shen Xianyun and Ke Ji had time to understand and digest.

    Lin Ziyao went on to say: "So, in 2003, the Supreme People's Court promulgated the "Judicial Interpretation II of the Marriage Law".  Claims on the debts incurred shall be treated as joint debts of husband and wife'. This provision assigns the burden of proof to the debtor husband and wife whether the debt is used for the common life or production of the debtor husband and wife. According to the rules of the burden of proof, the prerequisite for the application of this provision is  Neither the creditor nor the debtor can prove whether the debt is used for the joint living or production of the debtor and the couple.¡±

    "Then it's not fair, just like Wang Tao, who borrowed more than one million yuan outside my sister's back. My sister doesn't know it at all. Isn't my sister wronged." Shen Xianyun said immediately.

    Lin Ziyao nodded lightly, and said in agreement: "You are right. In recent years, the situation you mentioned has become more and more common in judicial practice. On the one hand, the spouse's right to know and property rights have been violated.  , once it is not considered as a joint debt between the husband and wife, to a certain extent, the rights of the debtor are also damaged. Some couples even forged a fake debt in order to divide their property when they divorced, causing great losses to the other party.  It has also received a lot of attention.¡±

    Shen Xianyun and Ke Ji showed approval to Lin Ziyao and nodded frequently.

    Lin Ziyao said: "So, on January 16, 2018, the Supreme People's Court announced the "ApplicableInterpretation on Issues Concerning the Law, this judicial interpretation has only four clauses in total.  "

    "Which four?" Shen Xianyun asked impatiently.  She felt that this knowledge point was not only related to Ke Ji, and her intuition told her that one day she might be able to use it.

    "Article 1: Debts incurred by both husband and wife, such as joint signatures or ratification by one of the husband and wife afterwards, shall be recognized as joint debts of the husband and wife.  The relevant provisions of the Contract Law are formulated in accordance with the principle of privity of contract and the basic requirements for concluding a contract. From the perspective of the formation of joint debts of husband and wife, it clarifies and emphasizes the joint signature of both husband and wife or ratification by one of the husband and wife and other forms of mutual intention (such as telephone  , text messages, WeChat, mail, etc.) should be recognized as the basic principle of joint debts of husband and wife. This regulation not only fully respects the general transaction rules established by civil and commercial laws, but also gives the special status relationship between husband and wife  Full attention. Although the husband and wife have a close identity relationship and enjoy the power of mutual agency within the scope of family daily life stipulated by law due to living together, the status of both parties as independent civil subjects will not be lost due to the conclusion of marriage.  This kind of institutional arrangement, on the one hand, can prevent the occurrence of "being in debt" as far as possible from the source of debt formation;  , It is of positive significance to protect the security of the transaction and the legitimate rights and interests of the husband and wife.¡±

    "It makes sense, it makes sense. This is a good design. Since it is a joint debt of husband and wife, it must be signed by both husband and wife." Shen Xianyun said to Ke Ji with a happy face.  (Remember the site URL: www.hlnovel.com
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