04-22
Installing Elevators in Old Residential Areas - Analysis of Litigation Possibility
Since 2022, various regions across the country have been actively promoting the installation of elevators in old residential areas within their jurisdiction, in order to facilitate the daily..
04-10
Guochuang Silk Road | Guidelines for Chinese Enterprises to Invest in Vietnam (1) - Market Access
This article is the first in the "Guidelines for Chinese Enterprises to Invest in Vietnam" series, aiming to introduce the laws and regulations related to investment in Vietnam and provide ..
08-13
How to determine the interruption of the period of limitation of action for secured debt in the assignment of distressed debt involving financial institutions
Keywords: assignment of creditor's rights | interruption of prescription | guarantee Basic Case: In December 2015, a company borrowed 3.8 million yuan from a branch of..
4、 Can only a debit note sue the debtor for repayment?
Shanghai High Court's opinion on this is that there are also many cases of small loan and cash delivery. Generally speaking, only borrowing slip can be used to determine the authenticity of the loan, but for large loan, such as hundreds of thousands or even millions of loans, it can not only borrow slip, but also review the economic strength of the creditor itself, the relationship between the creditor and the debtor, trading habits and testimony of relevant witnesses To judge whether the claim of the parties can be established, it is not enough to prove the fact that the money is delivered only by borrowing.
5、 How to determine whether the loan belongs to the joint debt of husband and wife or personal debt?
With the increase of divorce rate, how to divide the husband and wife's common property is also the focus of controversy. How to face debts that you never know or disagree with? Because the principle of marriage law is that both husband and wife have the right of family affairs agency, even if the husband and wife have the internal agreement debt to be borne by, they can't fight against the third party other than the husband and wife, and can't evade the debt on the basis of their own ignorance. So what is borrowed in marriage must be the joint debt of husband and wife?
According to the opinion of Shanghai high court, in principle, what the couple borrows in marriage is their joint debt, but there are two factors that need to be considered as exceptions.
One is whether the husband and wife agree to borrow money together; the other is whether the debt is used for the husband and wife to live together. These two factors are exceptions to the basic principles. If one party has evidence which is sufficient to prove that both parties of the husband and the wife do not agree to borrow money together and the debt is not used for the husband and wife to live together, the debt can be regarded as the personal debt of one party of the husband and wife.
