Dalin borrowed 100,000 yuan from Lao Zhang and did not repay it for a long time. When Lao Zhang urged, Dalin's wife Xiaoli promised to repay the loan on the spot, and returned 30,000 yuan the next day, and Dalin reissued an IOU of 70,000 yuan, which has not been repaid. Lao Zhang sued the two to the court, and Xiaoli argued that she did not sign and did not belong to the borrower and should not be liable for repayment. Can the loan be recognized as a joint debt of the husband and wife?
- It can be determined.
Article 1064 of the Civil Code: Debts incurred by both husband and wife as jointly signed or later recognized by one of the husband and wife, as well as debts incurred by one of the husband and wife in his or her own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife. ……。
According to the provisions of this article, debts incurred on the basis of the joint intention of the husband and wife shall be recognized as joint debts of the husband and wife. It may take the form of a joint signature in advance or a retrospective endorsement by one of the parties after the fact. The method of post-facto recognition is not limited to written form, and in practice it can be judged through telephone recordings, text messages, WeChat, and other means. In this case, based on the telephone recordings, videos and other evidence provided by Lao Zhang, it can be proved that Xiaoli gave him a guarantee that she was willing to repay the loan, and it should be determined that Xiaoli had an expression of intent to recognize it after the fact, so the loan was a joint debt of the husband and wife.
The Civil Code - an encyclopedia of social life
Broadcast Production: Guo Lan
Article source: original · Jilin News Comprehensive Broadcasting
Editors: Guo Lan, Zixin
Review: Hao Zili
Producer: Zhao Min, Zhong Xiao
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