Did the man lose the woman's promise to gamble? Gambling behavior can be said to be very bad In severe cases, it will directly lead to the breakdown of a family. If the husband gambles and divorces outside, the husband belongs to the wrong party. Let's see if the man has lost the woman's promise to gamble.
Did the man lose the bet and the woman bear it? 1 first, does the wife have the responsibility to bear the money owed by the husband for gambling?
1, the husband owes money for gambling, and the wife doesn't need to bear the debt. In addition, gambling is an illegal debt, which is not protected by law and the debtor does not need to repay it. Moreover, gambling is a personal behavior, so gambling debt is a personal debt, which does not belong to both husband and wife, and the wife does not need to bear the responsibility for repayment.
2. Legal basis: Civil Law
Article 1064 Debts of Husband and Wife * * * Debts with the same signature or ratified afterwards by one of the spouses, and debts incurred by one of the spouses in his own name for the daily needs of the family during the marriage relationship belong to the same debt of the husband and wife.
Debts incurred by one spouse in his own name during the marriage relationship that exceed the needs of family daily life are not joint debts of husband and wife; However, the creditor can prove that the debt is used for the husband and wife's life, production and operation, or based on the same meaning of both husband and wife.
Second, what is the debt of husband and wife?
1, during the existence of the relationship between husband and wife, engaged in legal business activities, resulting in debt losses, whether one of the husband and wife, or both husband and wife * * * with the business, should be considered as husband and wife * * * with the debt.
2, during the existence of the relationship between husband and wife, engaged in illegal business activities, resulting in debt losses, if the illegal business activities are carried out by both husband and wife, or by one of the husband and wife, but the other party knows that his spouse is engaged in illegal business activities and does not object, he will also bear the debt as husband and wife.
3. During the existence of the relationship between husband and wife, if the other spouse doesn't know, or knows in advance, but has expressed opposition, such debts should be recognized as the personal debts of the illegal operator and handled.
Did the man lose the bet and the woman bear it? 1. Must the wife bear the gambling debts of the husband?
The debts generated by one spouse's gambling are not used for the common life and family life of the husband and wife, and belong to the unreasonable expenses of the husband and wife, and do not belong to the scope of joint debts of the husband and wife. Therefore, the borrower bears the responsibility, and the other spouse does not bear the repayment responsibility.
According to the laws of our country, illegal debts are not protected by law. Gambling is prohibited by law in China, and gambling debts are illegal debts and are not protected by law. If the lender knows that the borrower's debt is used for personal gambling, its creditor's rights are also not protected by law.
Second, the relevant provisions of the husband and wife debt
Civil law (effective from 20211)
Article 1064 The debts incurred by both husband and wife for the same signature or by one party afterwards, and the debts incurred by one party in his own name for the daily needs of the family during the marriage relationship, belong to the same debt of husband and wife.
Debts incurred by one spouse in his own name during the marriage relationship that exceed the needs of family daily life are not joint debts of husband and wife; However, the creditor can prove that the debt is used for the husband and wife's life, production and operation, or based on the same meaning of both husband and wife.
Article 1065 A man and a woman may agree that the property acquired during the marriage relationship and the property before marriage shall be owned by themselves, wholly or partly, and partly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of Articles 1062nd and 1063rd of this Law shall apply.
The agreement between husband and wife on the property acquired during the marriage relationship and the property before marriage is legally binding on both parties.
The husband and wife agreed that the property acquired during the marriage relationship should be owned by each other, and if the other party knows the agreement, the personal property of the husband and wife should be used to pay off the debts owed by the husband and wife.
Article 1089 At the time of divorce, husband and wife shall jointly pay off their debts. * * * If the same property is not paid off or the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, the people's court shall make a judgment.
Did the man lose the bet and the woman bear it? If the husband owes money on the online loan, it should be used for family life, and the wife has the obligation to bear the repayment responsibility. The condition for determining whether the debts of husband and wife are the same is whether one party borrows money for family life. As long as it is used for family life, it belongs to both husband and wife and should be repaid jointly.
Article 2 of the Supreme People's Court's Interpretation on Relevant Issues Concerning the Application of Laws in the Trial of Cases Involving Debt Disputes between Husband and Wife stipulates that during the marriage relationship, if the creditor claims the debt incurred by one spouse in his own name due to the daily needs of the family, the people's court shall support it.
Will the husband be implicated if he owes the online loan and does not pay his wife back?
1. Whether the husband owes the online loan and does not pay back his wife will be implicated depends on the situation:
(1) If the loan owed is not the same as the husband and wife, the wife will not be implicated;
(2) If the loan owed belongs to the husband and wife, the wife will be implicated.
2. Legal basis: Article 67 1 of the Civil Code of People's Republic of China (PRC).
If the lender fails to provide the loan according to the agreed date and amount, thus causing losses to the borrower, it shall compensate for the losses.
If the borrower fails to collect the loan according to the agreed date and amount, it shall pay interest according to the agreed date and amount.
Article 674
The borrower shall pay interest at the agreed time limit. If the time limit for paying interest is not stipulated or clearly stipulated, and cannot be determined according to the provisions of Article 510 of this Law, if the loan period is less than one year, it shall be paid together with the loan; If the loan term is more than one year, it shall be paid at the end of each year; if the remaining term is less than one year, it shall be paid together with the loan.
Second, what will happen if online loans are not repaid?
1, high penalty interest and liquidated damages;
2. Credit damage;
3. being harassed by various means;
4. If the circumstances are serious, it will lead to imprisonment;
5. Affect other lives, become an old lai, affect consumption, travel, children's education, etc.