Marriage gives us responsibility and responsibility. We should maintain our family as much as possible, but once there are emotional problems between husband and wife, we also need to treat and deal with them calmly, and we can't make some irrational behaviors due to fever. The marriage law makes our marriage more legally effective, so the marriage law will be continuously improved according to the actual situation. Today, let's talk about what amendments have been made in Article 24 of the new marriage law, and what are the specific provisions?
Two new paragraphs are added to Article 24 of the interpretation of the Supreme People's Court on Several Issues concerning the application of the marriage law of the people's Republic of China (2), which respectively stipulates that if one of the husband and wife colludes with a third party to make up a debt, and the third party claims rights, the people's court shall not support it; The people's court shall not support the debts incurred by one of the husband and wife in illegal and criminal activities such as gambling and drug abuse, and the rights claimed by a third party.
What are the new provisions of Article 24 of the new marriage law in 2019?
1、 Judicial interpretation of Article 24 of the marriage law
Article 24 of the interpretation of the Supreme People's Court on Several Issues concerning the application of the marriage law of the people's Republic of China (II):
(adopted at the 1299th meeting of the judicial committee of the Supreme People's Court on December 4, 2003 and amended in accordance with the supplementary provisions of the Supreme People's Court on the interpretation (II) of several issues concerning the application of the marriage law of the people's Republic of China at the 1710th meeting of the judicial committee of the Supreme People's Court on February 20, 2017)
Where a creditor claims rights on the debt owed by one of the husband and wife in his own name during the duration of the marriage relationship, it shall be treated as the joint debt of the husband and wife. However, unless one of the husband and wife can prove that the creditor and the debtor have clearly agreed to be personal debts, or can prove that they fall under the circumstances specified in paragraph 3 of Article 19 of the marriage law.
If one of the husband and wife colludes with a third party to make up debts and the third party claims rights, the people's court shall not support it.
The people's court shall not support the debts incurred by one of the husband and wife in illegal and criminal activities such as gambling and drug abuse, and the rights claimed by a third party.
2、 Article 24 of the new marriage law
The Supreme People's court officially promulgated the supplementary provisions of the Supreme People's Court on the interpretation (II) of the Supreme People's Court on Several Issues concerning the application of the marriage law of the people's Republic of China. In view of the new problems and new situations involving the joint debts of husband and wife in judicial practice, it stressed that false debts and illegal debts are not protected by law.
According to this supplementary provision, two new paragraphs have been added to Article 24 of the interpretation of the Supreme People's Court on Several Issues concerning the application of the marriage law of the people's Republic of China (2), which respectively stipulate that if one of the husband and wife colludes with a third party to make up debts and the third party claims rights, the people's court will not support it; The people's court shall not support the debts incurred by one of the husband and wife in illegal and criminal activities such as gambling and drug abuse, and the rights claimed by a third party.
The Supreme People's court also issued the notice of the Supreme People's Court on issues related to the proper trial of cases involving husband and wife debt according to law, requiring courts at all levels to correctly apply the supplementary provisions made by the Supreme People's Court on the judicial interpretation (II) of the marriage law, correctly handle husband and wife debt in family trials, and protect the legitimate rights and interests of husband and wife and creditors according to law, Maintain transaction safety and promote the construction of harmonious, healthy and honest economy and society.
The notice clearly states that a husband and wife who do not borrow money shall not be required to bear civil liability without trial procedures. In the trial of a case of raising debts in the name of one of the husband and wife, in accordance with the relevant provisions of the judicial interpretation of the civil procedure law, in principle, the husband and wife and other parties to the case shall be summoned to court in person, and the relevant parties and witnesses shall be required to sign a letter of guarantee during the trial. If the unnamed borrowing party cannot provide evidence, but can provide evidence clues, the people's court shall conduct investigation and evidence collection according to the application of the party concerned. Whoever forges, conceals or destroys evidence shall be punished according to law.
The notice stipulates that if the creditor claims that the debt owed by one of the husband and wife is the joint debt of the husband and wife, the people's court shall, in combination with the specific circumstances of the case and in accordance with relevant laws and regulations, and in combination with the relationship between the parties and their attendance in court, the loan amount, creditor's right certificate, payment delivery, the economic capacity of the parties, the local or inter party transaction mode, transaction habits The change of the parties' property, the parties' statements, witness testimony and other facts and factors to comprehensively judge whether the debt occurs.
The notice stressed that it is necessary to prevent the simple practice of violating the provisions of laws and judicial interpretations to identify the existence of debts only by debit slips, receipts and other creditor's rights documents. On the basis of the evidence provided by the parties, we should pay attention to finding out the authenticity of the debt raising Party's admission contrary to common sense.
On the basis of distinguishing between legal debts and illegal debts and not protecting illegal debts, the notice also clearly states that creditors who know or should know that one of the husband and wife borrows money from him for illegal and criminal activities such as gambling and drug abuse shall not be protected by law; If one of the husband and wife raises debt in his own name and uses it for personal illegal and criminal activities, the borrower's claim that the debt should be treated as the joint debt of the husband and wife shall not be supported.
In terms of the implementation of relevant cases, the notice proposes to establish the concept that the survival rights and interests are higher than the creditor's rights. If the implementation of the husband and wife's joint debt involves the husband and wife's wages, housing and other property rights and interests, and may even damage their basic survival rights and interests, the necessary living expenses of the husband and wife and their dependent families shall be retained. When implementing the housing under the name of the husband and wife, the residential houses necessary for life shall be guaranteed. Generally, the residential houses necessary for the life of the person subjected to execution and his dependent family members shall not be auctioned, sold or paid off.
The circular also stressed that the principle of combining the rule of law and the rule of virtue should be adhered to when dealing with husband and wife debt cases. It is necessary to punish the false lawsuit of one husband and wife colluding with a third party to forge debts. For crimes suspected of false litigation, especially the crime of fictitious debts, the clues and materials of the crime shall be transferred to the investigation organ according to law.
Supplementary notes
The relevant person in charge of the Supreme People's court said that the Supreme People's court will strengthen the guidance of family trials and unify the judgment scale on new situations and problems in the field of family trials. At the same time, it will actively cooperate with relevant legislative work, analyze, study and judge the problems of husband and wife property and husband and wife debt in the field of marriage and family, and better guide the people's courts at all levels to properly handle cases involving husband and wife debt according to law.
It is conducive to making the husband and wife no longer have the situation of "sadness and wealth" after separation, reflecting the great progress of the law and better protecting the rights and interests of both husband and wife. When one of the husband and wife has problems, the other party may not have to bear the other party's illegal debts, which further ensures the equality of the husband and wife. We will consistently push updated and more comprehensive legal knowledge to you, and hope you can always pay attention to us.