His ex-wife married to borrow money gambling professor was liabilities 6 million
chengdoushangbao· 2016-11-14 13:35:57
from the discipline leader, who had the reputation of the young scholars, the vice president to be a debt, may be separated by only
paper marriage marital ex-wife borrow soccer gambling university professor "liability" 6 million
failed marriage "heaven" debt, only Li Changtian and son had each other "
24" implemented since April 1, 2004, has reached twelfth years. For the couple's debt, "24" first presumption of the existence of the marriage relationship between husband and wife side of the debt as a common debt, and thus triggered controversy, from the theory to the practice, has not subsided. Especially with the development of economy, the relationship between marriage and personal property becomes an issue which must be faced with. To this end, the Chengdu commercial news release series reports, focusing on the "24".
(to protect the privacy of the parties, the Li Changtian, Wang Fengying is a pseudonym)
"the Supreme People's Court on the application (People's Republic of China marriage law) interpretation of several issues (two)" twenty-fourth creditors to marriage between spouses debts owed by individuals claiming rights, shall be handled by husband and wife joint debt. But one party can prove that the creditor and the debtor expressly agreed to personal debt, or can prove that the third provisions of the marriage law, except in the case of nineteenth.
Guangxi University For Nationalities professor Li Changtian and his ex-wife Wang Fengying because of emotional discord, December 21, 2015 agreement divorce. However, since January of this year, Lee began to receive a variety of long day noisy information. He simple statistics, his ex-wife Wang Fengying to a total of 32 individuals, 7 small loan companies and 3 banks a total debt of more than 600, "I don't know these borrowing behavior. "Since the above debt is mainly formed during the two person marriage relationship, this means that Li Changtian will be most likely to bear joint and several liability.
has now entered the proceedings of the case seems to confirm this possibility. Now there are 3 lenders filed a lawsuit. Two of which were sentenced to bear joint and several liability, Li Changtian filed an appeal. The other has not yet been decided. More lenders are still watching.
. Li Changtian became a run away, debt collection object, once he appeared in the campus, will gather around a help debt. May not have, he resigned as vice president and other administrative duties, but also moved home.
1977, Li Changtian was born in Fengshan, Guangxi Province, a peasant family. Located in the northwest of Fengshan, Guangxi is a national poor county. My father is sick, can not do heavy work, during the study, Li Changtian's tuition and living expenses mainly from the mother mountain mushrooms, bamboo shoots and grandma pig income.
Zhongshan University PhD in anthropology, Li Changtian became a teacher of Guangxi University For Nationalities School of Ethnology and sociology. At present, Li Changtian is a professor and supervisor of masters, the State Ethnic Affairs Commission on ethnic problems of outstanding young experts, Guangxi high school outstanding young teachers, the Beibu Gulf Economic Zone in Guangxi outstanding young professional and technical personnel. Since July 2013, Li Changtian was appointed as vice president of the college and National Museum of national museum. Has published two monographs and translations of published more than 10 papers. Li Changtian
for the record, on the evening of 10, the Chengdu Daily reporter interviewed, Wang Baizhong Dean of Guangxi University For Nationalities School of Ethnology and sociology to be confirmed. President Wang Baizhong said Li Changtian, although young, but in the study of ethnology has established certain academic reputation, "is our leader. "All the ideals and pursuits of
Li Changtian, with an ex post risk of marriage," come to an end.
Li Changtian and Wang Fengying met in 2005. That time, Wang Fengying in Nanning, a financial institution to work. 2008 two people get married. Review of the marriage, Li Changtian emotion, is hasty, "my father was seriously ill, dying before the biggest wish is to hope that I can get married. "
2012, son born. As individuals continue to work hard, Li Changtian served as vice president of the college, but also to solve the professor title. The family of three enjoyable.
Li Changtian, probably from the beginning of 2015, Wang Fengying had some suspicious appearance and movements. "For a long time to see the customer on the ground not to stay home, even the children do not take care of, big and small household chores all by me to bear. "His wife is more and more irritable temper, a little careless and he quarreled. First, in order to consider the child, Li Changtian chose to be patient. However, the situation is becoming increasingly serious, more and more deep contradictions between the two, Wang Fengying also repeatedly secretly brush Li Changtian credit card. Due to the breakdown of the couple's feelings last December 21st, the two agreement divorce.
let Li Changtian unexpected is that this year 1 to March, he continued to receive all kinds of information collection. Li Changtian said, this time he did not know Wang Fengying outside of the huge debt owed. Even more serious is that, as Wang Fengying's ex husband, he is likely to bear joint and several liability.
debt troubled at the beginning, Li Changtian is full of hatred for his ex-wife. Over time, Li Changtian felt that there is a problem may not only be his ex-wife, but also includes the law itself.
things after exposure, Wang Fengying more than once to Li Changtian expressed remorse, admitted that because of indulging in soccer gambling, she lost a lot of money. Then the use of usury rob Peter to pay Paul, eventually leading to a debt snowball.
has been exposed to a very alarming amount of debt. Li Changtian preliminary statistics, Wang Fengying a total of 32 individuals, 7 small loan companies, 3 banks were borrowing 6 million 45 thousand. Li Changtian claims that, for the above amount, he did not know every one of them, and he did not sign a sum of money. Li Changtian also claimed the money in addition to a considerable part of being swallowed by usurious interest, the remaining part is not used for gambling, family expenses. "
is like this kind of story most of the result is the same, because of the debt, the debt collection were repeatedly beaten, Wang Fengying fled to Nanning. Wang Fengying run away after the long day, Lee became the object of debt collection. Dun established a special WeChat group at the Guangxi University For Nationalities is inserted into the liner, Li Changtian once appeared in the campus, will gather around a help debt. Some banks also employ debt collection company launched harassment to Li Changtian, "life is like a nightmare. "
desperation, Li Changtian resigned from the vice president, including the relevant administrative duties, and moved home. For security reasons, the school agreed to Li Changtian's request, and the special account of school security, must strengthen the security guard, li long days I work. "
Li Changtian once thought, dun harassment is only temporary, he believed that the law can solve everything. But the two verdict is that he must bear joint and several liability, the decision is based on the 24". The
up to now, there have been three lenders will Wang Fengying, li long days as a co defendant filed a lawsuit. And more people, then choose to wait and see. Although the three cases did not produce a valid decision, but the results of the first instance, the situation seems to be not good.
initially with Kang v. Wang and Li 80 thousand yuan loan and interest, Kang is a colleague of Li Changtian, the two families living in the same building. Even if the house really need money, according to common sense, it should be by Li Changtian Kang to borrow money, instead of Wang Fengying, "and I often meet and Kang, borrow such a big thing, how the other never asked me?" the trial of Kang said that Wang Fengying had to borrow money, indeed the family expenses for emergency. In view of Li Changtian's question, 12, Chengdu Business Daily reporter contacted by telephone and kang. When the reporter shows the identity, Kang said a sentence: "do you know what these do?" then hang up the phone.
before the results of the first instance verdict, Li Changtian is full of confidence in the proceedings. For each action, Li Changtian has prepared more than 100 pages of evidence, in his view, to prove that all the money borrowed by Wang Fengying did not use for family expenses is not difficult. Even, Li Changtian is also a scholar's rigorous, a list of the entire income and expenses of the family. The proof issued by the people in Guangxi and a tax list, Li Long annual income of more than 200 thousand, the monthly income of about 17 thousand. And the entire family, including the mortgage, one month spending less than 7000 yuan, the family all expenses are borne by me, do not need external debt. Moreover, a short period of one of the spouses of debt of more than 600, this is a family emergency spending? "Although
has disappeared, but the trial, Wang Fengying was commissioned by the agent to appear in court. In the trial, Wang Fengying's agent said that she did not borrow money for family common expenses, but for gambling. Should not belong to the couple's joint debt, at the same time show Wang Fengying gambling and gambling CD 50 page bet list, in order to prove that he borrowed money for gambling, Wang Fengying had to surrender to the public security organs.
5 efforts seem to be not obvious effect. (2016) the 1226 and 0107 Guangxi (2016) 0107 1211 two judgments of the Guangxi were identified, during Wang Fengying and Li Changtian two marriage, Wang Fengying alone for debt, common debts are husband and wife, Li Changtian should bear joint and several liability.
in the verdict, the Guangxi Nanning City Court XiXiangTang District, the basis, the most important one is the "Supreme People's Court on the application (People's Republic of China marriage law) interpretation of several issues (two)" twenty-fourth provisions (hereinafter referred to as "24"). The content is: "the creditors on the marriage relationship during the duration of the couple in the name of the individual to claim the rights of the individual, it should be handled according to the common debt of the husband and wife. But one party can prove that the creditor and the debtor expressly agreed to personal debt, or can prove that the third provisions of the marriage law, except in the case of nineteenth.
, if more popular words to understand, that is the relationship between the duration of the relationship between any party to give the debt, the first presumption of the common debt.
so, "said 24" "can prove the exception exception belongs to the nineteenth marriage law provisions of the third paragraph of the case also refers to what? The only exceptions, including three, a loan has been expressly agreed to separate debt. The other one is the implementation of property between husband and wife AA, but also need to know that the third men go dutch. In addition, in 2014 the highest law to reply way to add another exception, that is the spouse of burden of proof of debt debt is not used to live together.
, however, it seems in many legal persons, "24" three exceptions, the former two reality almost impossible, and third cases of the supreme law supplement or even violate the principle of evidence - evidence has not only credit card without, "not for the couple to live together" this did not occur the burden of proof is difficult. Some judges have also questioned the "24", such as the Yichang City Intermediate People's Court of three senior judges, Professor of China Three Gorges University, marriage and family as the full court presiding over 10 years Wang Liren repeatedly wrote bluntly: "'24' has serious errors. "
appears in the Li Changtian, because" 24 "existence," if a person like me will lose not only married to a bad husband, in the past, and even the future. Because of the first instance verdict, Li Changtian has filed an appeal.
for the future at present, li long day, the future is more distant, survival is the first one. From the point of view of child safety, Li Changtian has been unable to allow his son to continue to go to school in the Guangxi people's big kindergarten, he also left the original home, but the rent to live. In addition to the most intimate friends, the new end result he did not dare to reveal to anyone. Li Changtian had planned after the end of the lawsuit, with the children left Nanning to make him sad place. In fact, including Guizhou, Hunan, Zhejiang, there are colleges and universities to extend an olive branch to him, and out of a good treatment. But with the lawsuit against the case, Li Changtian also gave up the idea. "No matter where you go, the debt will be as the shadow follows the form. At present, my car has been saved, the next second trial lost again, into the implementation process, the wage card may also be frozen. My child and I really do not know how to live! "
and let the ethnology and sociology Guangxi University For Nationalities Dean Wang Baizhong the most regret is that" ethnology is the leading subjects of our school, the research of Yao retired, Li Changtian is the leader of. There are several discussions to the debt trap due to the depression, Li Changtian fell tears. That moment, the most painful for me! "