Source: China Luqiao News
He Mr.: Husband’s big cattle wrote the owner of his wife Xiaoli for the stock, and it is launched. Request a few days ago. \”On the same day, Xiaoli transferred 500,000 yuan to him through the bank. The big cow and Xiaoli have divorced after the agreement, and the big cattle did not return this money during divorce. So Xiaoli filed a lawsuit against private lending disputes, requested the court to order the big bull to return to 500,000 yuan borrowings and interest. Big cattle believes that its borrowing stock is used for the husband and wife to invest together, but it is not necessary to return, but it is not possible to proof; Xiaoli claims that the loan is from personal financial benefits before marriage, but the evidence is not sufficient to prove. The court finally combines evidence such as owed and transferred records. It is recognized that there is a borrowing relationship between the big cow and Xiao Li, and the big bull is borrowed from 250,000 yuan and pays the overdue payment. Excuse me: Why is the court sentenced?
A: The borrowing agreement between husband and wife, the treatment of divorce mainly involves two problems: First, can the husband and wife entered into a loan agreement, can it set up a loan relationship? In general, in addition to the law, there is another provision of the parties, and the owned accounts from the couple have obtained the following accounts, and the husband and wife are common. The money between husband and wife is transferred, and only changes its control, and does not change the nature of the husband and wife to jointly property, and does not constitute a borrowing relationship. If both parties come with a clear borrowing meaning when transferring, the meaning of both parties should be respectful, according to the contents of the two parties. If the borrowing item is from the joint property of the husband and wife, the borrowing is essentially borrowed from the other party from the husband and wife. In addition, the borrowing between ordinary natural people is different, and there is no natural person The legal provisions of the loan contract cannot be established in the approval of the denying behavior during the depositary of the marriage. Second, how do you handle if the borrower is not fully repaid? This is to distinguish the source of borrowings. The two parties consistent with the joint property of the husband and wife, the other party asks the other party to return to the borrowing, and the borrower should return, and the return amount should be half of the total borrowing of the unpaid borrowing. The Supreme People’s Court on the judicial interpretation of the Civil Code, the borrowing agreement between husband and wife, and borrowed a person who engaged in personal business activities or used for other personal affairs with the husband and wife, it should be considered by the two parties. The behavior, can be processed according to the borrowing agreement during divorce.
(Yu Shupeng’s finishing)
This article is from [China Road Bridge News Network], only represents the author’s point of view. The national party media information public platform provides information release and communication services.