Case: Not long ago, my friend asked me to borrow money and wrote an iou, which I didn't care at that time. Later, I read in the book that the legal nature of IOUs and IOUs is different, and some borrowers lost the case because of this difference. Now I am worried that if the other party does not pay back the money, I will sue the court and the judge will not support the existence of a loan relationship between us.
There are some differences between IOUs and IOUs in legal nature: IOUs explain the loan relationship established between the parties, which is a contract form established after one party pays the loan. But the IOU is due to other legal relations, such as damages, construction and so on.
However, whether it is an IOU or an IOU, the court should examine and verify the reasons and facts of the relevant debts in the proceedings.
Second, private lending.
Case: I have made some money doing business in recent years. My relatives and friends borrowed money from me more often. If they don't borrow money, it won't hurt their feelings. Besides, the interest rate of banks is low now, so they can get higher interest by lending. However, it is always contradictory to borrow it for fear of not getting it back.
Matters needing attention in lending and the state's interest restrictions on private lending: According to the relevant provisions of the law, private individuals can borrow, and general private lending is legal. This loan relationship belongs to a practical contract, that is, the contract can only be established after one party pays the loan.
If there is no agreed interest on the loan, it shall be regarded as an interest-free loan. According to the regulations, the loan interest cannot exceed 4 times of the bank's loan interest for the same period. If possible, when borrowing money, you should first form written evidence, and then it is best to ask the other party to provide mortgage or guarantee.
Third, premarital property and personal property.
Case: My girlfriend and I have lived together for nearly half a year, and signed a house sales contract with a real estate company in the names of both parties, and the relevant real estate registration procedures are still being processed. Now the two sides feel that they are not suitable for each other and decide to break up. But my girlfriend suggested that we eat and live together, and she should have a part of the purchase price.
Relevant provisions on personal property before marriage: According to the provisions of the Marriage Law and relevant judicial interpretations, the personal property of either spouse before marriage is still personal property regardless of the duration of the marriage. If the two parties are unmarried and belong to a cohabitation relationship, during the cohabitation period, the property shall be handled according to the following principles: if it can be proved that it is the personal property of one party, it will still be owned by the individual.
If there is no evidence to prove it, it is presumed to be jointly owned. Before marriage, if the purchase price is paid by one party, the property is generally owned by one party. However, after the purchase price is paid, the two people jointly conclude a contract, and the property is disposed of in the names of both parties. This behavior can be regarded as a gift, and the woman can enjoy part of the rights of the property.
This requires specific case analysis to see why the man registered the property in the woman's name.
Four. Compensation for cooperative labor injury
Case: In February this year, I teamed up with three other people to catch eel fry in the Yangtze River estuary. In an operation, I accidentally caught on a cable and fell into the water. After all-out rescue, he saved his life, but his right leg was amputated. For this reason, it cost more than 30 thousand yuan in medical expenses, causing lifelong disability.
Distribution of work-related injury compensation for partnership: The four of you jointly contribute, work together, share rights and interests, and share risks, which is legally called individual partnership.
On June 1987, 10 and 10, the Supreme People's Court's reply on whether individual partnership members died unexpectedly in business activities and whether other members should bear civil liability: "For the common interests of partners, as one of the beneficiaries of partnership operation, it is reasonable to give appropriate economic compensation to the families of the deceased, which is also in line with the spirit of relevant laws."
You were accidentally injured in your homework because of the partnership. In this regard, with reference to the spirit of the above reply, each partner shall be liable for your losses according to the proportion of its capital contribution or shares. Therefore, you can negotiate with other partners to solve your losses; If negotiation fails, a lawsuit can be brought to the local people's court, and the court will make a fair ruling.
5. Deposits in the name of children are not gifts.
Case: A few years ago, my father deposited 50,000 yuan in the bank in my name. At the end of last year, after my father died, we found this deposit slip while sorting out his belongings. To this end, my brother and I had an argument. I think that my father deposited 50,000 yuan in the bank in my name, indicating that my father gave me this deposit; My brother thinks this deposit should be his father's legacy.
Deposit in children's name is not a gift: a gift refers to the act that the donor voluntarily gives all his property to the donee for free.
Gift is an act of transferring ownership. After the gift is established, the donor loses the ownership of the gift and the donee gains the ownership. Giving is free and one-way, otherwise, it becomes a business; Gift is practical, and a gift can only be established if the donor actually delivers it and the recipient actually accepts it.
According to China's laws, a legal act must have a clear expression of meaning before it can take effect. In this case, although your father deposited RMB 50,000 into the bank in your name, your father didn't tell you the fact of the deposit before his death, nor did he explicitly express his willingness to give you the deposit in writing or orally, nor did he actually deliver the deposit certificate to you.
Therefore, there is insufficient basis to think that your father's behavior is to give you a deposit. This deposit of 50,000 yuan should be regarded as your father's legacy, which will be inherited by all legal heirs.