Xiaomei and Dagang divorced by agreement, and agreed that Xiaomei would be responsible for repaying the bank loan of 100,000 yuan jointly signed by the two. After that, the bank took Xiaomei and Dagang as defendants and filed a lawsuit with the court, demanding that the two repay the debt together. Does Dagang still have to bear the responsibility of repaying the bank loan?
- Need to bear.
Article 35 of the Interpretation (1) of the Marriage and Family Section of the Civil Code: Where the parties' divorce agreement or the effective judgment, ruling, or mediation document of the people's court has already dealt with the issue of the division of marital property, the creditor still has the right to claim rights against both the husband and the woman in respect of the joint debts of the husband and wife. Where, after one party bears responsibility for the repayment of the joint debts of the husband and wife, it is claimed that the other party should bear the corresponding debts in accordance with the divorce agreement or the legal documents of the people's court, the people's court shall support it.
According to the provisions of the Civil Code, husband and wife shall be liable for the repayment of joint debts during the existence of the marital relationship, and such liability shall not be transferred because the divorce agreement has divided the marital property. In this case, the bank loan of 100,000 yuan jointly signed by Xiaomei and Dagang during the existence of the marital relationship should be regarded as a joint debt of the husband and wife. The agreement on the debt in the divorce agreement is only internally binding, and the bank, as a creditor, still has the right to claim the right to repay the principal and interest of the loan from Xiaomei and Dagang.
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: Hao Zili
Producer: Zhao Min, Zhong Xiao
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