Leye Court: Efficiently resolving debt joining disputes

The joining of debt refers to the phenomenon that the third party joined the debt and assumed the responsibility to the debtor to the debtor.

Recently, the Music Court of Huizawa County People's Court adopted the "online mediation+judicial confirmation" model to efficiently handle the debt to join the dispute.

Basic case

In December 2015, Yin Mourong asked Jiang to borrow 30,000 yuan from Li Mou. After the expiration, Yin Mourong returned a part of Li Mou's interest, but he had been arrears to repay the principal. A certain Rong replied to Li Mou 30,000 yuan. Yin Mourong issued an arrears to Jiang on December 5, 2017, recognizing Jiang Mou 30,000 yuan, and promised to repay on June 5, 2018. The agreed period has arrived, but Yin Mourong has not returned to the loan. In May 2022, Jiang submitted a complaint to the court to ask Yin Mou to repay 30,000 yuan in arrears.

Survey

After receiving the complaint, the judge contacted the defendant's Tuanpo Village where the defendant was located to understand the relevant situation. According to analysis, the judge believed that the case was very good at mediation, and the judge led the staff to Tuanpo Village.

Because Yin Mouping was in a foreign country, the judge did not find himself. He was a few discounts. For his father Yin, he repaid Jiang's arrears. The judge immediately informed the plaintiff Jiang to go to the village committee to cooperate with the mediation and use online mediation to handle disputes.

Mediation pass

While the judge explained to Jiang at the scene, he used the people's mediation platform to mediate the repayment method and period with Yin Mouping in Kunming. At the same time, other staff combined with the online mediation process to make a transcript.

After mediation, Jiang and Yin Mouping reached an agreement: Yin Mouping voluntarily replaced Yin Mourong to pay Yin Mourong's owed to Jiang's arrears of 30,000 yuan. Subsequently, the court made a judicial confirmation on the mediation agreement reached by the parties to the two parties, adding a legal guarantee to the two parties agreements.

Let the information network run more, let the people run less legs, the Lede Court insists on optimizing litigation services, and uses the "online mediation+judicial confirmation" solution mode to provide more efficient and convenient litigation services for the parties, while using judicial judicial services The right of rights gives strong judicial support and guarantee to the online complaint, improves judicial efficiency, effectively reduce the complaint of the parties, save judicial costs, and effectively enhance the sense of gain and satisfaction of the masses.

The debt -based debt -based bonding refers to the original debtors that do not escape from the original debt relationship, but from the third party to the original debt relationship to jointly bear the debt of the creditor with the original debtor.

Debt joining generally requires a contract, but it is not limited to the form of contract.

The debt joining agreement can be established by the debtor and the third party or the third party and the creditors. The agreement between creditors and third parties' debt has taken effect since its establishment.

Because the third party's joining is beneficial to the creditors, the debt agreed by the debtor and the third party to join without the consent of the creditors, and the agreement will take effect from the debtor and the third party and notify the creditors.

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