The bride price case is followed by the issue of the naming right of the house, which is also the two most prominent contradictions in urban and rural marriages.

Xiaomei is an artist of a planning company, and met Mr. Yao, a staff member of the client company, in a business activity, and the two are adjacent to each other's hometowns, and after nearly half a year of contact, the two got married.

Mr. Yao has a suite in his hometown, the down payment is made by the man's parents, the name of Mr. Yao is written on the real estate certificate, and the two repay the loan together after marriage.

Three years later, the relationship between the husband and wife broke down, and the parties had a serious disagreement over the right to dispose of the house, and Mr. Yao believed that the house was purchased before the marriage and was personal property before the marriage.

And Xiaomei believes that she has assumed the obligation to repay the loan, and the house belongs to the joint property of the husband and wife.

"Housing prices have more than doubled in three years, and there is no doubt that I am in the Celestial Empire." Chen Bo pinched his fingers and calculated, if the woman didn't catch anything in the end, the economic loss alone would be close to 300,000.

Considering that the repayment of the loan involves the joint property of the husband and wife, the court ruled that the house belonged to the man, and at the same time ordered the man to compensate the woman for the corresponding price of 270,000 yuan.

"The current market price of the house is 1 million yuan, and when I bought it, the down payment was 150,000 yuan, and the woman spent 150,000 yuan to repay the loan in three years, and the compensation was 270,000 yuan, of which 120,000 yuan was compensation at a premium, and it was lost or earned?"

Chen Bo finished the math problem and asked Wang Xu's opinion.

"When it comes to feelings, there is no winner." Wang Xu was concise and to the point.

"From an economic point of view alone." Chen Bo added a restriction.

Wang Xu carefully analyzed: "If the house is self-occupied, the man will definitely lose, if it is for investment purposes, the man will make a steady profit, because the local housing prices are expected to rise, and the woman will not enjoy the follow-up premium compensation." ”

"That's true." Chen Bo nodded in agreement.

If this matter is left on Weibo to ferment, the cliff will attract the support of various marketing accounts, what three years are more than 120,000, the dog man still has the face to ask for a house, this life and the house will pass....

Judges should try their best to eliminate the interference of public opinion when making judgments, and at the same time take into account the negative impact of the case itself on social moral cognition, and strive to be fair and just, and defend judicial solemnity.

Mr. Zhang is a major shareholder of a listed company and holds an important position in a subsidiary, and he borrowed in his personal name during his marriage with his wife Xiaofang, and the proceeds are used for the daily operation of the company.

After the relationship between the two parties broke down, the court sentenced the property to be divided jointly, Xiaofang was dissatisfied with Mr. Zhang's debt behavior, and asked the other party to bear the debt independently, and the court rejected Xiaofang's request.

"People don't go to gamble, it's not normal for the money borrowed through formal channels to be used for business and lose money." Chen Bo also recognized the court's decision.

The next case is about concealing debts, the proprietress of the beauty store Xiao Ke met a real estate tycoon Mr. Xu, and after marriage, Xiao Ke found that Mr. Xu was not as he said before, not only the identity of the real estate tycoon was forged, but also owed 3 million foreign debts behind his back.

In the trial of the case, the court did not recognize Mr. Xu's arrears of 3 million yuan as a joint debt of the husband and wife, but ordered Mr. Xu to bear the sole responsibility for repayment.

Then he introduced the transfer of property and malicious debts, the protagonist is still this Mr. Xu, who used the relationship between the two parties to collude with the villagers to fabricate an IOU of 2 million yuan, and the IOU indicated that the money was used for the daily operation of the beauty store, but in fact Mr. Xu squandered it.

Here, the court's judgment was somewhat unsatisfactory, because it arose during the marriage and was a joint debt of both parties, Xiao Ke needed to bear the responsibility to repay this large amount of arrears, but the court also gave Xiao Ke the right of recourse against Mr. Xu.

At first glance, it seems nothing, originally Mr. Xu owed 2 million to the fellow countryman, but now it is divided into two parts, one of which is that Xiao Ke owes the villager 1 million, and Mr. Xu owes Xiao Ke 1 million, and in the end, the creditor and the debtor have not changed substantially.

However, in the process of operation, it is extremely difficult for Xiao Ke to recover the arrears from Mr. Xu, after all, people are sincere to you, if Xiao Ke does not repay the money of the countrymen, and is enforced by the court, it is very likely to be on the list of dishonest people, which is the so-called old lai.

The law's treatment of joint debts of husband and wife is intended to protect the legitimate trust interests of the bona fide third party and the security of the transaction.

However, with the development of the times, the marriage relationship in modern society is obviously beyond the imagination of the legislator, resulting in the frequent occurrence of all kinds of unreasonable incidents.

The Supreme People's Court promulgated a new judicial interpretation to redefine the debts of husband and wife, so that debts incurred by one spouse in his or her own name in excess of the daily needs of the family are no longer joint debts of the husband and wife.

Problem seems to be solved?

Actually, no, it creates new problems.

In the past, it was one husband and wife who colluded with creditors to make the other party passively indebted, but now it has evolved into a double pit for the husband and wife.

Mr. Deng is a well-known entrepreneur in the local area, and Mr. and Mrs. Wen, who are in trouble with their factory, signed a loan contract of 5 million yuan with Mr. Deng, part of which was used to improve their lives.

Three months later, Mr. and Mrs. Wen divorced by agreement, and all the property belonged to Mr. Wen's ex-wife.

However, according to the latest judicial regulations, Mr. Deng needs to provide evidence on the 5 million loan, which is used for common living, joint production and operation, or based on the common intention of the husband and wife.

And since Mr. Wen's ex-wife was not present on the day the contract was signed, the other party insisted that this was Mr. Wen's personal debt borrowing, and took out a bank statement before Mr. Wen's disappearance, which listed the whereabouts of 1 million of the money.

"Hermès bags, SKII skincare, Chanel lipstick....you tell me it's a man who bought it?"

Chen Bo couldn't help laughing, it's good to buy a VR experience machine and pretend to be a sports car, is it really a fool to be a judge.

The judge was indeed not stupid, but because Mr. Deng could not provide evidence, the court could only rule that Mr. Wen should bear 4.5 million of them, and the husband and wife should jointly bear 500,000.

After discovering this loophole, the SPC quickly took remedial measures to deal with it, and on the basis of the original law, set a baseline based on the monthly income level of the husband and wife.

Assuming that the monthly income of the two people adds up to 10,000 yuan, and a single IOU of more than 10,000 yuan needs to be signed and confirmed by both husband and wife, otherwise it will be regarded as personal debt on the premise that the purpose cannot be explained.

Even so, the problem is still not solved ....

Since 10,000 yuan is a hurdle, it will be fine to borrow thousands of thousands, Chen Bo complained that if these guys can use their ideas on the right path, it is estimated that the position of the richest man would have changed hands long ago.

The real and thorough solution to the problem is to wait until the citizens' electronic files are interconnected and interconnected across the network, and the last list of dishonest people in the past is nothing more than restricting high consumption, and other aspects should be done.

Now whenever there is a black history, it will be hung in the most eye-catching position of the archive immediately, and the mobile phone will also locate and remind a few old people nearby, and provide high-definition close-ups, so that you can know the streets, and you can't think of being famous.

Concealing debts? That's impossible, in the past, the married parties would also visit each other's families, but now they directly exchange personal files, and they know everything with their fingers.

Malicious debt? After the two parties bind the property information, if the other half has more than the limit of consumption expenditure, they can receive the message as soon as possible.

Technology has perfected the gaps in the law and regulated people's code of conduct, and although the side effect is the sacrifice of privacy, it has to be said that the crime rate in society is steadily decreasing.

"Finally finished reading." Chen Bo glanced at the progress bar, and finally bottomed out.

"Why are you eating again?"

Wang Xu shrugged his shoulders: "I found that it was not enough halfway through eating, so I ordered a hamburger set." ”