zekjhiryyh
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Posted: Thu 13:52, 15 Aug 2013 Post subject: The couple divorced under the guise of a minor was |
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's Court of Final Appeal ruling, by the two co-defendants repay the marital relationship continues to exist in debt. Funan County town of 39-year-old deer Geng Yang Ji yellow and 35 in December 2009 registration of marriage. February 13, 2012, as her husband Zhao Geng Huang Xiangpeng made friends borrow emergency, but also on the position soon. Zhao out of a friend's trust, raised 160,[link widoczny dla zalogowanych],000 yuan in cash to lend Geng Huang use, Geng Huang issued IOUs. The two sides agreed loan interest neither,[link widoczny dla zalogowanych], nor agreed repayment time. March 2012, Zhao Geng Huang money failed, doubting,[link widoczny dla zalogowanych], to prevent accidents promptly filed a lawsuit requesting the court Geng Huang,[link widoczny dla zalogowanych], Yang Ji common repay borrowings. Case during the proceedings of the April 25,[link widoczny dla zalogowanych], Geng Huang, Yang Ji handled by the local civil affairs departments divorce procedures. Court of First Instance after a public hearing on the case, the fact that the borrower clearly defined legal relationship,[link widoczny dla zalogowanych], then sentence the defendant Geng Huang,[link widoczny dla zalogowanych], Yang Ji Zhao plaintiff repay borrowings 160,000. Yang Ji first instance verdict, to Geng Huang loans are interest on advances for another loan to Zhao, the marital relationship should not be used as the duration of their joint debts appeal, the request does not undertake commuted their debts. Fuyang Intermediate People's Court of Final Appeal that Geng Huang Zhao borrowers have to prove IOU. Requirements Geng Huang Zhao, Yang Ji common repayment of borrowings, comply with legal requirements. The Supreme Court on the application of "Marriage" judicial interpretation clearly, creditors marriage one of the spouses during the existence of debt incurred by individuals claiming rights shall,[link widoczny dla zalogowanych], at the couple's joint debt management. Only one spouse can prove that the creditor and the debtor expressly agreed to personal debt; marital relationship continues to exist, or property acquired during a convention is individually owned,[link widoczny dla zalogowanych], and the third party is aware of the agreement, all of the property in order to pay off one debt. That case not be able to provide proof of Yang Ji Geng Huang exists when the borrower agreed to Zhao Geng Huang is evidence of personal debt,[link widoczny dla zalogowanych], so its grounds of appeal can not be established. (Original title: To deadbeat Funan a couple actually agreed to a divorce)
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