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

After marriage, the family chores made the relationship between Liu Li and her husband more and more dull, and also made Liu Li no longer have hope for marriage and spent time in her own childrens clothing store every day. At the beginning of 2019, Liu Li ran into Chen Xi in the store. The mature charm of the 12-year-old man, who is 12 years older than herself, brightens Liu Lis eyes. Chen Xi is also deeply attracted by Liu Lis pure beauty, and the bilateral exchanges become more frequent.

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.

After that, Liu Li and Chen Xi had a good chat, and their feelings were closer. In mid July, Chen Xi transferred 44500 yuan to Liu Li through wechat four times, all of which were used by Liu Li to repay personal loans. Chen Xis generosity makes Liu Li doubly happy, but also lets her play a small abacus.

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.

After hearing, Tongshan court found that the focus of the dispute in this case is as follows:

1u3001 Is the relationship really broken?

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.

Among them, 51000 yuan of the IOU was originally a private loan between Chen Xi and Liu Li. After both parties registered for marriage, Chen Xi returned the IOU to Liu Li. Chen Xi interacted with Liu Li for the purpose of marriage. Based on the trust in Liu Li and the purpose of creating a better family, Chen Xi voluntarily returned Liu Lis IOU after they registered for marriage. This behavior does not conform to the nature of betrothal gifts given for the purpose of marriage according to the customs and habits, but should be regarded as a conditional donation behavior, and the attached conditions should be the marriage of both parties and the common relationship of normal husband and wife life.

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.

The 44500 yuan transferred by Chen Xi to Liu Li before marriage belongs to Chen Xis premarital personal property, and Liu Li admitted that she would use the money to repay her personal debts before marriage. The court held that China implements the marriage system of freedom of marriage and equality between men and women, and there is no legal provision that one of the husband and wife can obtain benefits from the other party because of marriage. In the absence of contractual agreement or legal provisions, it is unjustifiably legitimate for a husband and wife to obtain benefits from the other party. Liu Li also did not provide evidence to prove that both parties have paid off Liu Lis debts before marriage According to the agreement, it is unjust enrichment for Liu Li to use Chen Xis premarital property to pay off the debts before marriage. Now Chen Xi asks for the return and should be supported.

Finally, the court ruled that Liu Li and Chen Xi were allowed to divorce, and Liu Li returned Chen Xis arrears and unjust enrichment totaling 95500 yuan.

Judges statement

The creditors rights and debts between the two parties before marriage will not be eliminated by marriage

(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

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.

(the parties in the article are pseudonyms)