Does the son -in -law borrow money from his father -in -law, do the couple pay together?

Case

The son -in -law borrowed money from his father -in -law and did not pay it back

Father -in -law complained to the court

The son -in -law said that the money should be repaid by the couple together

What will the court judge?

Let's take a look at the following case ~

Basic case

Lao Shao and Xiao Shao's father and daughter, Xu's husband's husband. In April 2021, Xu borrowed 50,000 yuan from Lao Shao on the grounds of buying excavators. Lao Shao delivered to Xu from the bank to Xu. When Shao Shao urged Xu to ask, Xu always delayed the payment for various reasons. Lao Shao reluctantly sued to the court and asked the defendant Xu to repay his loan principal 50,000 yuan and interest.

The defendant Xu argued that in April 2021, it was a fact that he borrowed 50,000 yuan from Lao Shao, but Lao Shao said that the loan was used to buy excavators. The defendant and Xiao Shao were registered on February 23, 2021. The loan was borrowed by Xiao Shao from his mother's house, and it was delivered to the defendant by Xiao Shao's hand. The defendant received the paragraph. The day was transferred to Xiao Shao, letting her live. The defendant operated a company in Inner Mongolia. He was the defendant's personal investment in private enterprises. After receiving the loan, the defendant gave 5,000 yuan in cash to Xiao Shao in Inner Mongolia. Because the borrowing occurred in April 2021, during the duration of the husband and wife, the loan was used for the common life and production and operation activities of the husband and wife during the existence of the husband and wife. With the obligation to repay, the plaintiff sued the defendant separately, and it was missing the defendant, so the debt should be identified as the joint debt of the husband and wife.

2. Because of the special identity of the original and the defendant, the son -in -law borrowing money from his father -in -law does not have the problem of borrowing interest at all, and the borrowing interest rate is not agreed. In accordance with the monthly interest of 1 point, the interest is lacking and the legal basis, and the court requests the court to not support it.

Referee

In the case of civil lending, how can a debit with his father -in -law issue a debit to his father -in -law and defense the joint debt of the husband and wife. There are legal relationships between the presence and defendants. The defendant's claim that the case was involved in the joint debt of the couple, the husband and wife shall jointly bear the repayment responsibility, but the defendant did not confirm the relevant evidence, so he did not support the reasons for the defense.

Referee result

The court's first trial judgment:

I. The defendant Xu repaid the plaintiff's borrowing principal of 50,000 yuan and interest within ten days from the date of effectiveness of this judgment (based on 50,000 yuan as the base, from March 18, 2022 to the date of actual payment, annual interest rate 3.85%calculation);

Second, the plaintiff's other claims were rejected.

Basic case

Article 1064 of the Civil Code stipulates that the joint signs of the husband and wife or the husband and wife will be consent to the debt, and the husband and wife party will be held in the daily life needs of the family during the duration of the marriage relationship. The debt belongs to the common debt of the husband and wife.

During the marriage relationship, the husband and wife side exceeded the debt of the family's daily life in the personal name, and it is not a joint debt of the husband and wife. except.

Specifically, Xu advocated that the borrowing from his father -in -law was consumed by the couple, but did not provide corresponding evidence support, and his wife Xiao Shao did not recognize it, so he did not support his defense. In addition, after the case came into effect, Xu has automatically fulfilled.

Source: Jinxiang Court

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