Legal analysis:
Conclusion: One party forges Conjugal debt This is split Conjugal property For forgery debt The party who has less or no score.
If one party forges the joint debt of the husband and wife, the party who forges the debt shall be given less or no share when dividing the joint property of the husband and wife. divorce After that, if the other party finds that it has committed any of the above acts, it may file a lawsuit with the people's court litigation , requesting to divide the joint property of husband and wife again.
Legal basis:
The People's Republic of China Civil Code 》Article 1092
If one of the spouses conceals, transfers, sells off, damages or squanders the joint property of the husband and wife, or forges the joint debt of the husband and wife in an attempt to occupy the property of the other party, when the joint property of the husband and wife is divided through divorce, the party may be given less or no share. After divorce, if the other party finds that he or she has committed any of the above acts, he or she may file a lawsuit with the people's court to request another division of the husband and wife's common property.
lawyer Tips:
《 company law 》Article 71
company with limited liability The shareholders may transfer all or part of their equity to each other.
The transfer of equity by a shareholder to a person other than a shareholder shall be subject to the consent of more than half of the other shareholders. Shareholders shall Equity transfer The matter shall be notified to other shareholders in writing for consent. If other shareholders fail to reply within 30 days from the date of receiving the written notice, it shall be deemed that they agree to the transfer. If more than half of the other shareholders do not agree to the transfer, the shareholders who do not agree shall purchase the equity to be transferred; If no purchase is made, it shall be deemed as consent to the transfer.
Under the same conditions, other shareholders have the preemptive right to purchase the equity transferred with the consent of shareholders. If two or more shareholders claim to exercise the preemptive right, they shall negotiate to determine their respective purchase proportion; If the negotiation fails, the preemptive right shall be exercised according to the respective proportion of capital contribution at the time of transfer.
Articles of Association If there are other provisions on equity transfer, such provisions shall prevail.
Article 72
Shareholders of a limited liability company may transfer all or part of their equity to each other. The transfer of equity by a shareholder to a person other than a shareholder shall be subject to the consent of more than half of the other shareholders. How to deal with the problem that one party forges the joint debt of the husband and wife "is only for reference. If you have more urgent legal issues, click the consultation button to quickly consult lawyers Nomogram Network professional lawyers' rights protection suggestions.
Relevant supplement 1:
How to deal with the husband and wife who forge joint debts
Conclusion: If one party forges the joint debt of the husband and wife during the marriage relationship, the other party can request the people's court to divide the joint property of the husband and wife.
If during the duration of the marriage relationship, one party forges the joint debt of the husband and wife, the other party may request the people's court to divide the joint property of the husband and wife. If one party is found forging the joint debt of the husband and wife at the time of divorce, and the joint property of the husband and wife is divided, the party forging the debt can be given less or no share, which is a punishment for the act of forging the joint debt of the husband and wife after divorce.
Relevant supplement 2:
What to do if one party forges the joint debt of husband and wife
Conclusion: If one party forges the joint debt of the husband and wife, the other party can request the people's court to divide the joint property of the husband and wife.
If one party forges the joint debt of the husband and wife, the other party may request the people's court to divide the joint property of the husband and wife. When the court divides the joint property of the husband and wife, the party who forges debts may receive less or no share. After divorce, if it is found that the other party forges debts in an attempt to occupy the property of the other party, a lawsuit may be filed with the people's court to request another division of the joint property of the husband and wife.
2023-12-31 15:32:00 Reply
