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02 23

协议离婚逃避债务处罚

  • 发布日期: 2019-02-23

近年来借着假离婚的名义逃避债务的事件屡屡出现,双方夫妻到民政局协议离婚时,在离婚协议中约定,财产都归一方所有,而夫妻的债务问题由另外一方偿还。这样做就是为了逃避债务。根据婚姻法规定,离婚时,夫妻原有的因为共同生活所欠的债务,应该由双方共同偿还,无能力偿还的或者财产归各自所有的,由人民法院判决。
 
In recent years, debt evasion in the name of false divorce has occurred frequently. When the couple arrived at the Civil Affairs Bureau agreement for divorce, it was agreed in the divorce agreement that all property belonged to one party, and the couple's debt problem was repaid by the other party. This is to avoid debt. According to the provisions of the Marriage Law, when divorce occurs, the original debts owed by husband and wife due to their common life should be paid by both parties together. If the debts are unable to be repaid or the property belongs to each other, the people's court shall decide.
 
 
 
其实法院在处理时,一般都是让夫妻双方自行协商解决财产分割,和债务分担问题,但是很多人借着抚养老人孩子等情况,将财产全部归为一方,另一方去承担债务,其实承担债务的一方根本没有能力偿还了,有时候双方在离婚时故意隐瞒债务问题,而当被欠债人去要债时,便互相推脱,这样逃避严重损坏了债务人的利益。
 
In fact, when the courts deal with it, they usually let the husband and wife negotiate to solve the problem of property division and debt sharing by themselves. But many people, by supporting the children of the elderly, classify the property as one party, while the other party assumes the debt. In fact, the one who assumes the debt has no ability to repay it at all. Sometimes the two parties deliberately conceal the debt problem in divorce and when the debtor is in debt. When they go to ask for debts, they push each other away, which seriously damages the debtor's interests.
 
 
 
这种情况一般律师会给如下建议:
 
In this case, the general counsel will give the following advice:
 
 
 
1、给予双方教育与强制相结合的方法,对于这种借着离婚的名义逃避债务的情况,应该有执行人员像夫妻二人进行法律宣传工作,让其认清这个严重性,让其认清严重性,如果还是没有效果的,可以采取必要的强制手段。
 
1. The combination of education and compulsion should be given to both parties. For this kind of circumvention of debt in the name of divorce, executives should conduct legal propaganda work like husband and wife, so that they can recognize the seriousness and recognize the seriousness. If it is still ineffective, they can adopt the necessary compulsory means.
 
 
 
2、人民法院有权利对夫妻关系存续期间所有的资产进行查封。
 
2. The people's court has the right to seal up all assets during the period of the existence of the husband-wife relationship.
 
 
 
3、在处理这类案件时,我么可以要求律师对人民法院提起重新判决,确定二人有应该共同承担的债务问题,对二人离婚问题进行重新审判。
 
3. In dealing with such cases, we may ask lawyers to bring a new judgment to the People's Court, determine that the two persons have the debt problem they should share, and re-try the divorce of the two persons.
 
 
 
这里值得注意的是,如果债务确实为其中一方欠下的,但在双方二人协议离婚中说明,其中一方承担债务,另外一方却有所有资产,这样的话,被欠债者的所有权利可能落空,所以债权人应该明确审查双方是否为了逃避债务而进行的协议离婚。这一点是非常重要的。
 
It is worth noting here that if the debt is owed by one of the parties, but it is stated in the divorce agreement between the two parties that one party bears the debt and the other party has all the assets, then all the rights of the debtor may be lost, so the creditor should clearly examine whether the two parties have divorced in order to avoid the debt. This is very important.


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