Introduction

The debts incurred by the husband and wife in performing their statutory maintenance obligations and maintenance obligations should belong to the category of joint debts of the husband and wife. After the divorce of the husband and the wife, the debts incurred due to the liability for damages caused by the minor children to others also belong to the category of joint debts of the husband and the wife.

Concept interpretation

Because the husband and wife perform the statutory support Obligations Maintenance obligation All debts shall belong to Conjugal debt Category of. In both husband and wife divorce Later, the debts incurred by the liability for damages caused by the minor children to others also belong to the category of joint debts of husband and wife.

Case introduction

Zhang Nan and Li Nu are husband and wife, In 2010, Zhang's mother and father were admitted to hospital due to cancer, and their treatment costs were huge. Zhang's family could not afford to borrow 50000 yuan from his friend Wang for his mother's treatment costs. The post Zhang men and Li women broke up and claimed divorce.

In the case The loan of 50000 yuan belongs to the joint debt of husband and wife. Although Zhang Nan borrowed the money, it was used to pay his mother's medical expenses. Zhang Nan has a legal obligation to support his mother, so 50000 yuan belongs to the joint debt of husband and wife.

Legal basis

《 Civil Code 》 regulations Parents have raise education Obligations of ; Children have support Obligation to help. When parents fail to fulfill their obligations of upbringing, children who are minors or cannot live independently are required to pay Alimony Rights. When children fail to perform their duty of support, parents who are unable to work or have difficulties in living may require their children to pay Alimony Rights.

《 Civil Code 》 regulations Grandparents and maternal grandparents who can afford it shall have the obligation to bring up their minor grandchildren and grandchildren whose parents have died or whose parents are unable to bring them up. Grandchildren and grandchildren who can afford it have the obligation to support their grandparents and grandparents whose children have died or whose children are unable to support them.

law regulations: "After divorce, if a minor child infringes upon the rights and interests of another person, the party living with the child shall bear civil liability ; If it is really difficult to bear civil liability independently, the party not living with the child may be ordered to bear civil liability jointly.