Peninsula All Media Reporter Yin Yanxin, Jiang Kai, Song Hongrui, Intern, Wen Fuke, Pan Xinyi
What should I do if the other party goes missing after lending the funds, and there is no information about the other party? If the child plays a game and recharges the parent behind his back, can the money be returned? It is said that the deposit is exchanged for health care products for free, and now that the boss has passed away, can the principal be returned? On September 24, the Peninsula Legal Hotline, together with Sifang Police Station and Beijing Gaopeng (Qingdao) Law Firm, walked into the Jiashan Road community of Sifang Street, and brought a face-to-face legal popularization activity to residents in Yuehui Plaza, answering residents' doubts and reminding them of the legal risks around them.
Can the money borrowed by one of the spouses be recognized as joint debts of the husband and wife?
At the consultation site, Mr. Jiang, a citizen, came to the lawyer. "A few years ago, my friend said that he was in difficulty and his funds were urgent, so he borrowed 300,000 yuan from me, and he wrote me an IOU, only his own signature. Later, he repaid the loan regularly, and several times transferred money to me from her wife's account, and then there was about 200,000 yuan, and he didn't pay it back, I looked for him many times, and he said that he had no money, and he delayed it again and again. Mr. Jiang consulted lawyer Zheng Boyu, "Because of this incident, the relationship between friends has broken down at present, and I would like to ask, can this be determined to be a joint loan between their husband and wife?" ”
"Borrowers often have the misconception that as long as the loan occurs during the marriage relationship, it is a joint debt of the husband and wife." Lawyer Zheng told Mr. Jiang that in fact, there are strict legal standards for the determination of joint debts between husband and wife, and it is necessary to examine whether there is a common expression of intent such as the joint signature of both husband and wife or the subsequent recognition of one of the husband and wife, and whether the debts are used for the husband and wife's common life and joint production and operation.
"Your friend's spouse has repaid you in a personal account, but it is difficult for the court to recognize the repayment as an ex post facto in the legal sense." Mr. Zheng said, "The determination of whether the actual use of the debt is for the husband and wife's common life or joint production and business activities requires a meticulous and comprehensive analysis and consideration based on a series of factual materials such as evidence provided by the creditor, bank records, transaction vouchers, etc. ”
Private lending is a legal issue that citizens often encounter, and there are many citizens who consult on the same day. Some citizens showed the IOUs to the lawyer on the spot, and there was not even the borrower's ID card information and address, etc., so that the borrower could not be contacted now, and the case could not be filed in the court. Mr. Cheng reminds the public that if the borrower's spouse wants to bear the responsibility of loan repayment, the safest way is to have the borrower's spouse sign and confirm the IOU and other credit documents, and keep the identity and address of the borrower and his or her spouse.
If the child recharges and brushes off the parent's bank deposit, can the money be returned?
"Recently, I found that there are a lot of abnormal consumption records in bank card bills, and I found out that it was my 7-year-old daughter who used my mobile phone to buy more than 20 game coins through the bank card bound to WeChat without my knowledge, and spent nearly 10,000 yuan in total!" Ms. Sun, a citizen, came to the lawyer and said. "As soon as I found out about the problem, I contacted the merchant and asked them for a refund, but the merchant rejected me. If a minor recharges the game without the consent of his parents, do I have the right to ask the merchant to refund the full amount of the child's unauthorized recharge? ”
"Minors under the age of 8 are persons with no capacity for civil conduct, and their legally-designated representatives are to carry out civil juristic acts on their behalf. Your daughter is a person with no capacity for civil conduct, so the top-up is invalid. Lawyer Zhang Mingqi said that if the negotiation fails, Ms. Sun can file a lawsuit in the court and submit relevant evidence. One of the important pieces of evidence is that you need to prove that these recharge operations are indeed operated for your daughter, such as the recharge time when the mobile phone is not with the parents, etc., if the game recharge time occurs during the school day and other time when the child is unable to operate the mobile phone, then it is difficult to get the court to support the request for a refund. ”
"Although minors can be recharged online to recover their money, the guardianship duties of the minor's guardian are not exempted." Lawyer Zhang said that Ms. Sun, as the child's guardian, failed to fulfill her guardianship responsibilities and failed to properly keep her mobile phone, Alipay and bank card passwords, and should also bear corresponding responsibility for the child's civil act of recharging the game. "The court will rule according to the degree of your fault and order the game operator to return a certain percentage of the recharge fee, and it is unlikely that all of them will be returned."
The mother died, and the father quietly transferred the house to his grandson
It is common for grandfathers to love their grandchildren, but there are cases of "preference" in some family relationships, which make family relationships knotted. "My mother passed away last year, and later we learned that my father transferred a house from the old couple to my eldest brother's son through a sale, although it was a sale, but he did not actually pay the arrears." Mr. Lu told the lawyer about his "family affairs". "After learning the news, my heart is not good, we are three brothers and sisters, each has children, my father's practice is too incomprehensible to us, I want to ask, does my father's practice have legal effect? Can we apply to the court for the invalidity of this sales contract? ”
"According to your description, the house of the old couple is the joint property of the husband and wife, and after the death of your mother, the share of the house belonging to your mother goes into the inheritance procedure, and after the inheritance begins, before the division of the estate, the estate is jointly owned, so it is illegal for your father to dispose of it without the consent of the other heirs." Lawyer Zheng said, "And your eldest brother's son signed the sales contract knowing that this situation was in this situation, and did not actually pay for the house, which was not obtained in good faith, so this sales contract will most likely not be upheld by the court." ”
"The family is a warm harbor, don't affect the relationship between relatives because of some trivial matters, or suggest that you talk calmly with the elderly and properly dispose of this house." Lawyer Zheng said.
Save money to give health care products, and now the boss of the company has passed away
Aunt Sun introduced to Lawyer Zheng that in September 2021, she and several friends came to a health care product company to participate in an event. The staff recommended some health products to them, saying that they would improve the physical fitness of the elderly, and gave them some products for free to try. After Aunt Sun and her friends went back to use it, they felt that the product worked well, so they came to the company again to buy more products. At this time, the staff persuaded Aunt Sun to let her deposit a certain amount of money to the company for 3 years.
During this period, the company will provide the required products free of charge according to the amount of investment, and will also distribute the corresponding daily necessities every month. After the expiration of 3 years, the company will return Aunt Sun's investment money in a lump sum. Aunt Sun felt that it was very cost-effective to save some money to use the product for free, so she deposited 20,000 yuan into the company. At the beginning, everything was normal, every month the company would send some daily necessities to Aunt Sun, and also issued Aunt Sun a lot of product delivery coupons, just go to the company to pick up when you need to. But after the death of the boss, the company no longer provided products, and the person in charge of the company and the products sold changed. "The contract was signed until the end of September this year, but now we can't find anyone to refund us. Mr. Zheng, what should we do? ”
"Aunt Sun, this company's behavior is very similar to illegally absorbing public deposits." After listening to Aunt Sun's description, Lawyer Zheng immediately replied. Mr. Cheng then explained that illegally taking deposits from the public is a serious crime, usually involving fraud or illegal fundraising. Mr. Zheng suggested that Aunt Sun should report the case to the local public security organ of the company as soon as possible, keep all evidence related to the case, including contracts, receipts, transfer records, chat records, etc., and actively cooperate with the public security investigation. If Aunt Sun is unclear about the relevant matters, she can seek the help of a professional lawyer to understand her rights and obligations, and recover her losses through legal channels. At the same time, lawyer Zheng also said that if there are many victims like Aunt Sun, they can join forces and jointly entrust lawyers or representatives to collectively defend their rights.
"Aunt Sun, the process of defending your rights in this matter may be relatively long, you must stay calm and avoid taking drastic actions to avoid causing trouble to yourself. Here is also a reminder to everyone, we must establish a correct investment concept, do not blindly pursue high returns, and do not easily believe in the recommendations and promises of strangers. Before investing, it is necessary to carefully check the company's qualifications and the authenticity of the product; In the investment process, be cautious and rational; If you find out that you have been scammed, you should immediately report to the police and seek legal help. Lawyer Zheng finally said.
On the same day, when the legal hotline entered the community, the community police of the Sifang Police Station of the Shibei Public Security Bureau also carried out anti-fraud propaganda and distributed anti-fraud leaflets to citizens who came to consult. "We elderly people must raise their awareness of prevention, keep in mind that pie will not fall from the sky, and when we encounter topics related to investment, health care products, high returns, etc., we must discuss with our children at home to avoid being deceived."