A woman and a 12-year-old man flash marriage, a month later to death to force a divorce! The cause is 50000 yuan debt

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 A woman and a 12-year-old man flash marriage, a month later to death to force a divorce! The cause is 50000 yuan debt


Due to the need of business turnover, the woman borrowed more than 50000 yuan from others. Seeing that the debt could not be paid, the woman actually flashed marriage with the man, and then flashed away one month later. Is it true love or cheating marriage?

Recently, the peoples Court of Tongshan District, Xuzhou City, Jiangsu Province concluded this special emotional debt dispute. According to law, the defendant Liu Li paid the plaintiff Chen Xis arrears and unjustly gained nearly 100000 yuan.

He married a 12-year-old man in debt

In March 2019, Liu Lis childrens clothing store owes a lot of foreign debts due to capital turnover problems. But under, Liu Li then found Chen Xi. Chen Xi, who was confused by love, did not hesitate to give Liu Li 10000 Yuan directly. In the next two months, Liu Li repeatedly borrowed more than 50000 yuan from Chenxi, and issued an IOU in the middle of May, stating that Liu Li borrowed 51000 yuan from Chenxi.

With the growing relationship between Liu Li and Chen Xi, Liu Li is more and more dissatisfied with her husband. She filed for a divorce with her husband and filed for divorce in mid June.

It turns out that Liu Li has been operating childrens clothing stores for a living. Due to the influence of the network economy, her life intention has become worse in recent years. It is difficult to repay the foreign debt owed by Chen Xi, but she does not know how to repay the loan she owes Chen Xi. Chen Xis income is stable, he loves himself very much, and he spends money generously. Its better to make friends with others and ensure his future life.

After many discussions, Liu Li and Chen Xi went through the marriage registration at the end of July 2019. After that, Chen Xi transferred money to Liu Li through wechat for many times, totaling 34500 yuan. On the day of the Double Seventh Festival, Chen Xi, as a token of his intention, returned Liu Li the previous 51000 yuan IOU without actually receiving the arrears.

The court decided to allow the divorcee to repay part of the debt and unjust enrichment

In the trial, Chen Xi agreed to divorce, but he believed that Liu Li cheated herself and should repay all kinds of money he lent her. However, Liu Li said that Chen Xi had been pursuing herself. The money was donated voluntarily by Chen Xi, and part of the money belonged to betrothal gifts. She also married Chen Xi, but she had to divorce because of her real disagreement. Chen Xi asked for the so-called arrears and the reason was not tenable.

2u3001 The nature of the money Chen Xi paid to Liu Li before and after marriage and whether it should be returned?

The court held that, with regard to the first focus of dispute, emotion is an important factor in maintaining the relationship between husband and wife. If the relationship between husband and wife has broken down, the mediation is invalid and divorce should be allowed. Liu Li and Chen Xi had a debt dispute before their marriage registration, and Liu Li and Chen Xi registered and married in a hurry one month after their divorce. After marriage, they lived together for more than a month and then separated and filed for divorce. In the wechat chat records of both sides, Liu Li stated that always force me to get along with you in a normal way as a husband and wife. It can be seen that Liu Li has no intention to establish a husband wife relationship with Chen Xi. In the court trial, Chen Xi also agreed to divorce, so the relationship between the couple has reached the level of rupture, and Liu Lis divorce claim is supported.

As for the second focus of the dispute, from the facts found out, Chen Xis payment to Liu Li can be divided into three parts: 51000 yuan for issuing the IOU before marriage, 44500 yuan for Chen Xis active transfer before marriage, and 34500 yuan for transfer after marriage.

Only a month after their marriage, Liu Li separated from Chen Xi and asked for a divorce by death, and then filed for a divorce in the court. Liu Li herself also said in the trial that the reason why she registered to marry Chen Xi was that Chen Xi said that if she registered to marry him, she would not have to pay back the money owed to him. She had no feelings and was forced to marry him.. The marital status of both parties is obviously not in line with the normal state of marriage understood by ordinary people. Therefore, Chen Xis condition of exempting Liu Lis debt and making the donation was obviously not successful, and the purpose of the donation could not be realized. Although the loan is a legal relationship, it should be dealt with in this case in order to properly resolve the contradictions and disputes between the two parties. In the case of divorce, Chen Xi asked Liu Li to repay the debt and give support.

Since both parties have registered to get married and live together, the small amount transfer generated before and after the marriage should be regarded as the donation behavior of living expenses and emotional expression. Therefore, the court did not support Chen Xis claim of returning 34500 yuan and other funds.

(function(){( window.slotbydup=window .slotbydup||[]).push({id:u5811557,container:ssp_ 5811557, async:true }In this case, Liu Lis use of marriage as a means of debt relief and repayment violates the good customs and the principle of honesty and credit. Her behavior is prohibited by law and should be condemned by morality. After Liu Li borrowed money from Chen Xi before marriage, they had formed a debt relationship. This debt is not the joint debt of the couple and will not be eliminated because of the marriage relationship. Chen Xi and Liu Li are still two equal individuals with independent personality after marriage. Their marriage relationship will not make them lose their status as independent civil subjects. Because the debt relationship between the two is formed before marriage, which is a legal loan relationship between two independent civil subjects, it is protected by law and will not be eliminated because of marriage. Source: Jiangsu high court, Tongshan court source: surging news editor: Yu changzong_ NBJ11145

Gao Jing, the chief judge, said that emotion is the basis of marriage, and marriage requires the true feelings of both parties to spend the rest of their lives together. In this case, Liu Li used marriage as a means of debt relief and repayment, which violated the good customs and the principle of good faith. Her behavior was prohibited by law and should be condemned by morality.

After Liu Li borrowed money from Chen Xi before marriage, they had formed a debt relationship. This debt is not the joint debt of the couple and will not be eliminated because of the marriage relationship. Chen Xi and Liu Li are still two equal individuals with independent personality after marriage. Their marriage relationship will not make them lose their status as independent civil subjects. Because the debt relationship between the two is formed before marriage, which is a legal loan relationship between two independent civil subjects, it is protected by law and will not be eliminated because of marriage.