Family Life Knows Everything.

Chapter 362 The debtor is missing, how to realize the claim
Zhang Bo has a friend who borrowed 2 yuan from Zhang two years ago, saying that he was going out to do business, but his whereabouts have been unknown since then.Although he has personal property left at home, his family just refuses to pay back the money on his behalf.Q: What should Zhang do?
Regarding Zhang's debt, there are two legal solutions: one is that Zhang directly sues his friend in court to demand that he pay off the debt, and the court can make a default judgment according to the circumstances of the case after the summons.After the judgment takes effect, Zhang can ask the court to enforce the friend's personal property to repay the money owed to him.Second, if the court considers that it is inappropriate to make a default judgment based on the circumstances of the case, Zhang Bo, as an interested party with civil rights and obligations with his friend, can apply to the court to declare his friend missing. , will appoint who will be the custodian of his property.my country's "General Principles of Civil Law" No. 20 Article [-] stipulates: "The taxes, debts and other expenses owed by the missing person shall be paid by the custodian from the property of the missing person." The property custodian asks for repayment. If the custodian fails to fulfill the request, Zhang can file a lawsuit in the people's court and ask the people's court to protect his property rights in accordance with the law.

family life made easy

The declaration of disappearance refers to the system in which the people's court confirms and declares the fact of a civil disappearance according to certain legal requirements and procedures.

Legal consequences of being declared missing:
(1) To establish a custodian for the property of the missing person. Article No. 20 of the General Principles of the Civil Law stipulates that "the property of the missing person shall be managed by his spouse, parents, adult children, or other close relatives and friends. If the custody is disputed, the person who does not have the above provisions or the above provisions If the person is unable to manage it, it shall be managed by a person designated by the people's court."

(2) The taxes, debts and other expenses owed by the missing person shall be paid by the agent from the property of the missing person, and the debt repayment by the custodian shall be limited to the total value of the missing person’s property.A custodian has the power to collect debts for a missing person.

(3) The custodian should manage the property of the missing person in accordance with the management that is conducive to the protection of the property of the missing person, and must not abuse the power of escrow to squander the property of the missing person.If the custodian fails to perform custodian duties, or infringes on the property rights of the missing person, other interested parties of the missing person may request the people's court that the custodian bear civil liability, and may request to change the custodian.

When understanding the legal consequences of the declaration of disappearance, it must be clear that the declaration of disappearance does not affect the subject qualifications of citizens, and the missing person is still a subject with the capacity for civil rights.

(End of this chapter)