Enquiring knowledgeable people Inquisitive education Hospital Treasury

Recognition of premarital debt of one spouse

home page

Recognition of premarital debt of one spouse


        

Submit answer
Favorable reply
  • 2024-06-24 14:00:57

    The personal debt owed by one spouse before marriage is a kind of creditor's rights and debt relationship formed between the spouse and the creditor due to specific legal facts. It is the right and obligation relationship between the spouse and the creditor, a specific subject, before the marriage relationship occurs. According to the principle of creditor's rights relativity, the creditor can only claim rights from specific debtors, The debtor cannot claim rights from his or her spouse after marriage. However, if the debt owed by one party before marriage has an inevitable causal relationship with the married couple's common life, and the funds and property in the debt owed before marriage have been converted into the married couple's common property or become the material living conditions of the married couple, the personal debt owed by one party before marriage will be converted into the joint debt of the couple, It should be paid by the husband and wife together, but the creditor should bear the burden of proof. The Supreme People's Court's judicial interpretation of the Marriage Law
    (2) Article 23 stipulates: "If a creditor claims rights against the debtor's spouse for personal debts incurred by one party before marriage, the people's court will not support it, except that the creditor can prove that the debts incurred are used for the married family life together

  • other Relevant knowledge

  • law

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):