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Chapter 348 Joint Debt of Husband and Wife (1)

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    One month later, Wang Tao's eleven loan cases came to court.

    The presiding judge is Liu Bingxin, a female judge in her forties. There is a faint vertical line between her eyebrows, which should be the result of frequent frowning.

    The eleven creditors hired a middle-aged male lawyer named Lu Yiming.

    Liu Bingxin struck the gavel and said solemnly: "The court is now open."

    Liu Bingxin said: "These eleven cases have the same defendant and similar facts. They are a series of cases. We will try the case in which the plaintiff is Liu Wu first according to the order in which the cases were filed. Do the plaintiff and the defendant have any objections?"

    "No objection." Lu Yiming and Lin Ziyao said in unison.

    "Okay." Liu Bingxin said.

    "The next step is to find out the persons present in court on both sides." Liu Bingxin said.

    "The plaintiff, Liu Wu, appeared in court in person, and entrusted his attorney, Lu Yiming, a lawyer from Zhongheng Law Firm, to entrust authority and special authorization." Lu Yiming said.

    There were two deep wrinkles at the corners of Lu Yiming's mouth, looking harsh and unfriendly.

    "Defendant Ke Ji, I did not appear in court to respond to the lawsuit. Wang Rui is the legitimate son of the debtor Wang Tao and the defendant Ke Ji.  Wang Tao's mother, who did not appear in court to respond to the lawsuit, entrusted a lawyer to appear in court to respond to the lawsuit. The above four defendants jointly entrusted Lin Ziyao, a practicing lawyer from Zhonghe Law Firm, and the power of representation: special authorization."

    Wang Tao's parents decided not to respond in court because they had already stated that they had renounced their inheritance rights, and because of physical reasons; Duo Duo was a minor, so naturally he would not appear in court;  Go to court and choose not to respond in court.

    Out of their trust in Lin Ziyao, the four entrusted Lin Ziyao with full authority to handle the case.

    Authorization stipulated by law can be divided into general authorization and special authorization.

    General agency is authorized by the client, and can only exercise its general civil litigation rights on behalf of the parties, mainly procedural rights, including the following content: (1) suing and responding on behalf of the client; (2) acting as an agent to apply for litigation preservation or evidence preservation  ; (3) Apply for recusal, provide evidence to the court, appraisers and inspectors, request re-appraisal investigation or inspection, request mediation, and express agency opinions; (4) Apply for execution; (5) Other matters that can be represented by both parties.

    The special authorized agency is based on the authorization of the client. While exercising the litigation rights on behalf of the parties, it can also handle the client's civil substantive rights.  Including the following contents: (1) Admitting part or all of the litigation claims on behalf; (2) Abandoning, changing or adding litigation claims on behalf; (3) Reconciliation on behalf; (4) Counterclaiming on behalf;

    All in all, the agency authority of a special authorized agent is much greater than that of a general authorized agent.

    "I am the judge of this case, and the summary procedure is applied to the trial. Do the plaintiff and the defendant have any objections? Do they need to apply for recusal?" Liu Bingxin asked routinely.

    "No objection." Lu Yiming and Lin Ziyao said in unison.

    "Plaintiff Liu Wu stated the reasons for the lawsuit and the factual claims." Liu Bingxin said.

    Lu Yiming nodded slightly, greeted Liu Bingxin, and then said: "Dear presiding judge, I will make a statement on behalf of the plaintiff Liu Wu. In May 2017, the plaintiff Liu Wu signed a loan agreement with the debtor Wang Tao.  Fifth, a loan of 500,000 yuan, with a monthly interest of 2 cents, and a loan period of one year; in February 2018, the debtor Wang Tao died in a car accident. According to the inheritance law, the four defendants in this case, namely Wang Tao¡¯s spouse, son and parents, are Wang Tao¡¯s estate  The first-ranked heir of Wang Tao shall bear the repayment responsibility within the share of the inheritance; in addition, Wang Tao¡¯s debt was incurred during his marriage with the defendant Ke Ji, so the debt should belong to the husband and wife of Wang Tao and the defendant Ke Ji  For joint debts, Ke Ji should bear unlimited repayment responsibilities."

    Liu Bingxin said: "The defendant defends."

    Lin Ziyao settled down, and said loudly: "On behalf of Wang Rui, the son of the second defendant Wang Tao, Wang Yan, the father of the third defendant Wang Tao, and Tang Xiuyu, the mother of the fourth defendant Wang Tao, we renounce the right to inherit Wang Tao's property.  The defendant does not need to bear any debts owed by Mr. Wang Tao during his lifetime."

    Liu Wu pulled Lu Yiming's sleeve nervously, and asked in a low voice, "What should I do?"

    Lu Yiming signaled Liu Wu to be safe and not to be impatient, and explained briefly: "It doesn't matter, they all give up their inheritance rights, and the property belongs to Ke Ji, and Ke Ji has to pay it back."

    Liu Wu nodded with a vague understanding, wanting to get to the bottom of it, but Lin Ziyao had already begun to reply.

    "Next, I will defend on behalf of the first defendant Ke Ji." Lin Ziyao said.

    "Wang Tao's foreign borrowing in this caseBecause, the first defendant, Ke Ji, did not know about it, the IOU did not have the co-signature of the defendant, Ke Ji, and the money borrowed by Wang Tao was not used for the joint life and business of the husband and wife. The first defendant, Ke Ji, denied that the money was a joint debt of the husband and wife.  Ms. Ke Ji agreed to assume the repayment responsibility within the scope of inheriting Mr. Wang Tao's estate as the heir of the estate.  "Lin Ziyao said.

    Lu Yiming pursed his lips, showing a thoughtful expression.

    "Does the plaintiff have anything to add to the defendant's defense?" Liu Bingxin asked.

    "Yes. The plaintiff, Mr. Liu Wu, signed the loan contract with the debtor, Mr. Wang Tao, in May 2017. At that time, the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Marital Debt Disputes had not yet been issued.  The name of one party¡¯s foreign borrowing requires both spouses to sign; and Article 24 of the ¡°Marriage Law Judicial Interpretation II¡± implemented in 2017 stipulates: ¡°Where the creditor claims the rights to the debts owed by the spouse in the name of the individual during the marriage relationship, the creditor shall press the  Therefore, in May 2017, when the plaintiff Liu Wu signed the loan contract with the debtor Mr. Wang Tao, according to the provisions of the "Judicial Interpretation II of the Marriage Law", it can be recognized as a joint debt of husband and wife. Therefore, Mr. Liu Wu  Ms. Ke Ji was not allowed to co-sign. In addition, Article 1 of the Interpretation of the Supreme People's Court on the Application of Law in the Trial of Cases Involving Marital Debt Disputes stipulates: "The joint signature of both husband and wife or ratification by one of the husband and wife after the event shall bear the responsibility  The debt should be recognized as a joint debt of husband and wife'; the presiding judge should note that according to logic, 'joint signature' or 'subsequent ratification' is a sufficient condition for constituting a 'marital debt', but not a necessary condition, that is, there are 'joint signature' and  The "subsequent ratification" of one party should be recognized as a joint debt of husband and wife, rather than "joint signature" or "substantial ratification" as long as it is a joint debt of husband and wife. The defendant's attorney has a biased understanding of the judicial interpretation. Therefore, in this case  , Ms. Ke Ji, the defendant, denies that the debt belongs to the joint debt of husband and wife because she did not sign the loan contract.
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