Da Liu borrowed 1 million from Lao Wang, and then went through the divorce procedures with his wife, agreeing to donate the real estate jointly owned by the husband and wife to his son, and Da Liu will bear all the debts. If Da Liu is unable to repay the loan at that time, can Lao Wang request to revoke the gift?
- Yes
Article 538 of the Civil Code: Where the debtor disposes of property rights and interests free of charge by waiving its creditor's rights, waiving the guarantee of creditor's rights, transferring property free of charge, etc., or maliciously extends the time limit for the performance of its due creditor's rights, affecting the realization of the creditor's creditor's rights, the creditor may request the people's court to revoke the debtor's acts.
According to the above provisions, the creditor's right to revoke the debtor's disposition of property rights and interests without compensation shall meet the following constituent elements: first, the creditor has a legal and effective creditor's right against the debtor; second, the debtor has the act of disposing of it without compensation; and third, the debtor's fraudulent behavior affects the realization of the creditor's creditor's claim. In this case, Da Liu incurred debts during the existence of the marital relationship and donated the property to his son through divorce, which was a disguised transfer of property without compensation, which led to the loss of his liability property, which was enough to affect the repayment of the creditor's creditor's rights, and was fraudulent, so Lao Wang could exercise the right of revocation.
The Civil Code - an encyclopedia of social life
Broadcast Production: Guo Lan
Article source: Original Jilin News Comprehensive Broadcasting
Editors: Guo Lan, Wang Haoyi
Review: Huai Nan
Producer: Zhao Min, Zhong Xiao
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