In April 2008, Qi Chengliang, a resident of Jinan, asked his friend Liu Zhi to guarantee a loan of 30,000 yuan from the bank. Liu Zhiliang readily agreed to Qi Chengliang's request and signed the guarantee contract. However, Qi Chengliang failed to repay the loan within the time limit stipulated in the loan contract. In October 2010, the bank sued Qi Chengliang and Liu Zhi to court. The court subsequently decided that Qi Chengliang should repay the principal and interest of the bank loan within 10 days after the judgment came into effect. Liu Zhiliang was jointly and severally liable for the principal and interest of Qi Chengliang's loan.
After the judgment came into effect, because neither Qi Chengliang nor Liu Zhi had voluntarily fulfilled their obligations, the bank applied to the court for enforcement. In the course of execution, the executive judge inquired in the bank that Liu Zhi's wife, Wang Jinfeng, had deposits of 20,000 yuan and frozen them. Wang Jinfeng objected to the court, saying that Liu Zhiliang's guarantee loan had not been discussed with himself, that Liu Zhi's guarantee debt should be personal debt, and that the court frozen the deposits of other people besides Liu Zhi in law without basis and should be lifted. After studying, the executive collegial panel rejected Wang Jinfeng's objection.
"Guarantor's Reimbursement" was once the mainstream view
Guarantee is to guarantee the debts of others with the credits of certain civil subjects, or to guarantee the performance of debts with a specific property, so that creditors have a priority right to repay the property. So is the bond guaranteed by a couple's personal debt or a couple's joint debt?
According to reports, to determine whether the debt during the marriage is personal debt or joint debt, we should refer to the two criteria of "whether the husband and wife are willing to borrow together" and "whether the husband and wife share the benefits of debt". If a couple has a common idea of borrowing, the debt should be regarded as a joint debt regardless of whether the benefits of the debt are shared by the couple or not. If a couple is not willing to borrow together beforehand or afterwards, but after the debt occurs, the couple shares the benefits of the debt, it is also regarded as a joint debt.
But the husband and wife have independent personality in law, one spouse guarantees to the outside world, and the personal credit of two people can not be equated. The bank agreed to Liu Zhi as guarantor, and Liu Zhi also agreed to guarantee Qi Chengliang. This is the legal relationship between the bank and Liu Zhi. The bank has no knowledge of Liu Zhizhi's wife's personal credit, and the bank will not go to inspect Wang Jinfeng's situation. The purpose of Liu Zhi's guarantee behavior is not for the couple and family to live together. The couple and family have not benefited from this behavior, so Liu Zhi's behavior can only be regarded as personal debt. In this way, the court has no right to execute Liu Zhi's wife's deposit, and the objection to execution is established.