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Chapter 317: Borrowing Debts Against His Wife (5)

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    There was a small flame in Ke Ji's eyes. She had never signed or ratified Wang Tao's debts. From this point of view, it seemed that she did not need to bear the responsibility for repayment.

    "What about the remaining three?" Ke Ji held the teacup and continued to ask Lin Ziyao.

    Lin Ziyao's gaze was unconsciously attracted by Ke Ji's slender, fair fingers. This is the hand of a pianist. Lin Ziyao can only envy her.

    Lin Ziyao quickly concentrated her attention, and she continued: "Article 2 stipulates that, during the existence of the marriage relationship, the debts incurred by one party in the name of the husband and wife for the daily needs of the family in their own name shall be claimed by the creditor on the grounds that they belong to the joint debt of the husband and wife.  The people's court should support it. That is to say, if the husband and wife have not agreed on the ownership of the property acquired during the marriage relationship, or if there is an agreement but the creditor does not know the agreement, one of the husband and wife is responsible for the daily life of the family in the name of the husband and wife.  Debts for living needs shall be recognized as joint debts of husband and wife. If the spouse who has not signed the IOU or ratified it afterwards believes that the debt does not belong to joint debts of husband and wife, he shall bear the corresponding burden of proof.¡±

    Shen Xianyun frowned, why does the second rule stipulate that he must bear it?

    Lin Ziyao went on to say: "Article 3 stipulates that during the existence of the marriage relationship, if the debts incurred by one party in the name of the husband and wife exceed the daily needs of the family in their own name, and the creditor claims rights on the grounds that the debts belong to the joint husband and wife, the people's court shall not support them.  However, the creditor can prove that the debt is used for the joint living, joint production and operation of the husband and wife, or based on the joint will of the husband and wife.¡±

    Lin Ziyao continued: "The core essence of Articles 2 and 3 is "family daily life", because the basic provisions of the Marriage Law on marital property are joint ownership.  All properties have an equal right to dispose of. "Equal right to dispose of" should include both the disposition of positive property and the handling of negative property, that is, debts. Judicial Interpretation of the Marriage Law (1) Article 17 According to this provision of the Marriage Law  The first regulation clarifies the daily family agency rights between husband and wife, that is, "husband and wife have equal rights in handling the joint property of the husband and wife. Either party has the right to decide on the handling of the joint property of the husband and wife due to daily needs."  Marriage is a community of husband and wife life. Within the scope of handling daily family affairs, husband and wife are each other¡¯s agents and enjoy the right of family agency. The husband and wife enjoy the right of family agency in accordance with the law because of the establishment of the relationship of spouse status, which is the natural effect of marriage.¡±

    "Article 4 is the effective clause of the judicial interpretation. This interpretation will come into effect on January 18, 2018. After the implementation of this interpretation, if the relevant judicial interpretation previously made by the Supreme People's Court conflicts with this interpretation, this interpretation shall prevail.  "Lin Ziyao said.

    "So, if Mr. Wang Tao borrows money from abroad, without Ms. Ke Ji's co-signing or ratification afterwards, what we need to prove is that the more than one million yuan borrowed by Mr. Wang Tao was not used for daily family expenses." Lin Ziyao concluded  .

    "Definitely not, I can guarantee that." Ke Ji said.

    Lin Ziyao said softly, "I don't mean to distrust you."

    What Lin Ziyao said was sincere and gentle, and Ke Ji felt that she could trust the female lawyer in front of her who had met several times.

    "I think the creditors are going to find a way to prove that the money is used for your daily expenses." Lin Ziyao said.

    "Then what should I do?" Ke Ji asked.

    Lin Ziyao thought for a while and said: "I think so, you first go to the bank and print out Mr. Wang Tao's bank statement to see where the borrowed money has been spent, and whether Mr. Wang Tao has partially fulfilled the bill."  repayment obligation."

    Ke Ji nodded frequently, agreeing with what Lin Ziyao said.

    "May I take the liberty to ask, how much savings do you and Mr. Wang Tao have under your name?" Lin Ziyao asked.

    Ke Ji and Shen Xianyun looked suspicious.

    Lin Ziyao explained: "It's like this. If the two of you have huge savings in your name, then Mr. Wang Tao has no reason to borrow money. Even if you borrow money, it cannot be for family expenses."

    Ke Ji's complexion changed immediately, and she said: "The deposits under Wang Tao and I must be more than what we know so far."

    Shen Xianyun nodded, and she said: "Ke Ji invests part of her money with me, and the annual dividends are very high, so there is no problem at all."

    Ke Ji glanced at Shen Xianyun gratefully. In recent years, Lin Yunfei has made a fortune, and Shen Xianyun did not forget to support Ke Ji and let her make money.

    In addition, Ke Ji's mother, relying on her ancestral shadow, has quite a bit of real estate under her name, and the monthly rent alone can earn five figures.

    "That's good. In your case, I think you have already fulfilled the burden of proof. The most important thing now is to print out Mr. Wang Tao's bank card, so as to know his financial situation." Lin Ziyao??.

    "In addition, I personally suggest that since Mr. Wang Tao has passed away, we should discuss this matter with Mr. Wang Tao's parents." Lin Ziyao said.

    Ke Ji had a look of anger on her face.

    Lin Ziyao thought to himself, if Wang's parents wanted to recognize the child in Zhang Xiaohui's womb, Ke Ji might have already disowned Wang's parents as in-laws in her heart.

    Lin Ziyao explained: "I mean, after all, Wang Tao's parents are Wang Tao's first-in-line heirs. In theory, they should bear the repayment responsibility within the share of the inherited property."

    Ke Ji's eyes lit up, and she asked, "Lawyer Lin, if this is Wang Tao's personal debt, will it be repaid with Wang Tao's personal property?"

    Lin Ziyao thought of Wang Tao's house before marriage, and immediately understood what Ke Ji meant.

    Lin Ziyao nodded and said: "Yes, if it can be proved that it is Mr. Wang Tao's personal debt, it should be paid off with Mr. Wang Tao's personal property."

    "The money, stocks, insurance, etc. under Wang Tao's name, are they his personal property or the joint property of the husband and wife?" Ke Ji asked.

    Lin Ziyao is a walking legal code. To the questions raised by Ke Ji, Lin Ziyao immediately and skillfully answered the specific legal provisions of the Marriage Law.

    "It is the joint property of husband and wife." Lin Ziyao explained.

    Ke Ji tilted her head slightly, and continued to ask: "But we usually have our own business, and we don't have a joint account. Will those people make a fuss about it?"

    Many young couples now adopt what Ke Ji called the property method. Lin Ziyao once joked that this kind of joint property system is a "limited partnership."

    "Do you and Mr. Wang Tao have a written agreement on property independence after marriage?" Lin Ziyao asked.

    Ke Ji shook her head lightly, and said: "That's not true, it's just a customary habit formed over the years. Anyway, the family expenses are not much, and whoever happens to meet will bear it. The child's education is his burden, and the child's  Eating and drinking is my burden, and I haven¡¯t had any major troubles for so many years.¡± (Remember the website website: www.hlnovel.com
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