[4] Can a deadbeat really avoid paying debts by "leaving with nothing"? That only exists in Shen Teng's skit at the Spring Festival Gala!
Compiled from The Paper
Case review
[4] In this year's CCTV Spring Festival Gala, the sketch "Pay Back or Not" starring Shen Teng and Ma Li sparked widespread discussion among netizens. Shen Teng's character "Old Shen" chose various evasive tactics when faced with debt collection from classmates, leading to a series of hilarious "stories."
[5] "DogKing in the Metaverse" "A worker has to work from childhood"… The sketch's continuous stream of punchlines made netizens exclaim "so real." Soon after, "It has to be Shen Teng and Ma Li" topped the trending list.
[6] Amid the laughter, the sketch also resonated with many "creditors": year after year of debt collection, never daring to speak up, finally gathering courage only to fail and even lose more money… "How hard is it to ask for money back" sparked heated discussions among netizens. Some shared transfer records, saying someone paid back immediately after watching the sketch. However, most still struggled with the embarrassment of initiating debt collection…
Additionally, in the skit, Shen Teng, in order to avoid repaying the debt, claimed that he had already divorced Ma Li and that all deposits and properties were under Ma Li's name. Can "leaving the marriage with nothing" really absolve one of all debts?
Civil Code of the People's Republic of China
Article 538 If a debtor disposes of property rights without compensation by waiving claims, waiving security for claims, transferring property without compensation, or maliciously extending the performance period of due claims, thereby affecting the realization of the creditor's claims, the creditor may request the people's court to revoke the debtor's actions.
Article 1064 Debts incurred by one spouse in his or her own name beyond the needs of daily family life during the marriage are not considered joint debts of the spouses; however, this does not apply if the creditor can prove that the debt was used for the couple's joint living, joint production and operation, or was based on the mutual intent of both spouses.
[1] The author's perspective
In recent years, some have said that the debtor is the boss and the creditor is the subordinate. Some people borrow money from others and, over time, treat it as their own. They either have no intention of repaying or find various excuses to delay, causing headaches for lenders. However, with the formal implementation of the Civil Code, everything from family and marriage to housing and property is clearly arranged for us, leaving no escape for deadbeats. Creditors can legally file lawsuits in the people's court, and even if the other party fails to appear, the court can make a default judgment. After the judgment takes effect, creditors can apply to the court for enforcement, which will seal, seize, and freeze the borrower's assets. However, it is important to note that creditors should keep records of transfers, chats, and phone calls to prove the existence of the debt.
Obviously, according to the above legal provisions, it is not that a divorce with "leaving with nothing" can wash one's hands clean. Not only does the debtor still have to repay the debt, but if the creditor can prove that the debt was used for the couple's joint living expenses, it will become a joint debt of the couple, meaning the other half may also be inescapably liable. Therefore, the author advises all deadbeats not to always think about being sly and cunning; the law is far more comprehensive than you think.
