During Liu's tenure, the company allocated a car for him to commute to work. At the time of resignation, because the company owed 80,000 yuan in wages, after many fruitless negotiations, Da Liu refused to return the car and wanted to use it to offset his wages. Is this kind of behavior of deducting cars to pay off debts legal?
——Illegal.
Article 447 of the Civil Code If the debtor fails to perform the debts due, the creditor may retain the movable property of the debtor that is already in lawful possession and has the right to receive priority in repayment of the movable property.
Article 448 of the Civil Code: The movable property retained by the creditor shall belong to the same legal relationship as the creditor's rights, except where the lien is retained between enterprises.
A lien is a statutory right. In this case, although Da Liu was in legal possession of the company's car, and the company owed Da Liu labor remuneration, the car retained by Da Liu did not belong to the same legal relationship with the creditor's rights, and did not meet the conditions prescribed by law, so the lien could not be established. Da Liu can file a complaint with the labor department or apply for labor arbitration within one year from the date of termination of the employment relationship, instead of deducting the car to pay off the debt.
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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