In order to prevent her husband from derailing again, the wife was furious forcing him to write down 10 million owes!is that useful?

July 21st

Mr. Yang and Ms. Zhang in Zhejiang

Hold a lack

Come to Ningbo Xinye Notarization Office

Request to be notarized

Well by Mr. Yang

The content is that it owes Zhang, a certain one million yuan

But Zhang Moumou, who was owed, didn't come

Instead, people who owe money take the initiative to make notarization

What exactly is going on?

A huge amount of money that is unknown

At that time, the notary officer felt that the problem was very large when he looked at it: it was too simple, and only said that Yang Moumou owed Zhang Moumou a one million yuan. Although there were signatures and handprints, he did not tell the original commission of the arrears. Transfer record.

The notarized officer further asked that Yang Moumou was Mr. Yang, and Zhang Moumou, who was owed, was Ms. Zhang's brother.

But how did Mr. Yang owe so much money? Why is there no rotation flowing water? Faced with a series of questions from the notary, Mr. Yang kept silent, but just lowered his head and said, "You ask her."

Ms. Zhang is obviously more proactive. She has been urging the notary: "Give us it! Anyway, he is recognized."

This IOU was obviously "unknown", and the notary decided to communicate with the couple alone.

The husband was derailed and was forced to write a lack

It turned out that Mr. Yang was derailed some time ago. When Ms. Zhang was sad, she proposed a divorce. Mr. Yang strongly recovered, saying that as long as he does not divorce, he can do anything. In order to have more security, Ms. Zhang thought of the idea of ​​making her husband owe. Afraid of involving the common property of her husband and wife, she also deliberately asked her husband to write down a lack of 10 million yuan owed to her brother.

"If he made a mistake in the future, I would take out the lack of money and let him pay it back!" Ms. Zhang said the true thoughts.

Ms. Zhang felt that she could not earn 10 million yuan with her husband's ability. This IOU is equivalent to wearing a "tight curse" for her husband, which can keep him in peace and let himself feel at ease.

Mr. Yang was also helpless, and he said that he had always regretted derailment. But he didn't want to divorce, but he could only agree to his wife's request. "As long as you don't divorce, how to toss with her!"

After the conversation, the notary told the couple: "This IOU cannot be notarized, because the arrears do not exist at all, and the lack of false debts does not have legal effect."

"Loyal Agreement" is not protected by law

Xu Zhejun explained: In reality, the notary department often encounters such situations, and the husband and wife were forced to sign various "loyal agreements" for fault.

After the wrong party, the property is given to the other party, but all the debts must be taken;

If the wrong party makes mistakes, go out to the house;

If the wrong party will divorce if you commit a re -commitment, you need to pay the child's support fee, but you can never see the child

Native

Xu Zhejiang Army said

Many of the rights and obligations of the "loyal agreement"

Obviously violated the fair principles in civil law

It also violates the true wishes of one party

Once such an agreement is in court

Also controversial

In fact, most of the so -called 'loyal agreements' cannot be notarized. The Civil Code stipulates that loyalty to each other is a legal obligation, and it also stipulates that one party's fault leads to a legal responsibility for marriage. In other words, the loyalty obligations between husband and wife and the fault responsibility of violating loyalty obligations are legal. It is effective in the legal category, and it is not supported by the laws of the category.

The "loyalty agreement" of husband and wife should pay attention to the following legal issues

The reporter interviewed a number of legal experts

They are similar to the "loyalty agreement" between husband and wife

What are the reminders

01

Signing a husband and wife property agreement must be in accordance with the law, and it is only valid within the two parties, and must not fight the third party of goodwill.

02

The content of the agreement must be legal, and it must comply with the relevant provisions of the Civil Code, nor can it violate public order and customs.

03

It must be based on the true wishes of the parties and meet the principles of fairness and justice.

04

For real estate such as houses, if property rights are required in accordance with the law, the registration procedures shall be further completed after the agreement shall be completed.

05

The property of the husband and wife's property can only agree on property and debt, and cannot involve personalities, such as restricting personal rights and agreed children custody. For example, a wife often proposes that the man must pay the child's support for the child, but it is not allowed to visit. This agreement is invalid.

06

The agreed of husband and wife's property must be written in writing. Many husbands and wives are only verbally agreed, which is invalid.

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