Analysis question: what is the basis for defining the crime of divorce transfer of property?
Analysis and answer: Lawyer
The definition of malicious transfer of property is stipulated by the Supreme People's court in Article 188 of the opinions on Several Issues concerning the application of the Civil Procedure Law of the people's Republic of China.
(1) Concealing, transferring, selling off, damaging or transferring property free of charge, buying and selling property at an obviously unreasonable price, giving up due creditor's rights, providing guarantee for others free of charge, etc. after the legal document has become legally effective, so that the people's court cannot enforce it;
(2) Concealing, transferring, damaging or disposing of property that provides security for the people's court without the permission of the people's court;
(3) Violating the order of the people's court to restrict high consumption;
(4) Having the ability to perform according to the execution notice of the people's court, but refusing to perform the obligations specified in the effective legal documents;
(5) An individual who has the obligation to assist in execution refuses to assist in execution after receiving the notice of the people's court.
Civil code of the people's Republic of China:
Article 1092 where one of the husband and wife conceals, transfers, sells, damages or squanders the husband and wife's common property, or forges the husband and wife's joint debt in an attempt to occupy the other party's property, the husband and wife may be divided less or no less when dividing the husband and wife's common property in divorce. After divorce, if the other party discovers the above-mentioned acts, it may bring a lawsuit to the people's court and request the re division of the husband and wife's common property.
During the period of divorce, the most important thing is that the relevant departments do not intervene maliciously. Otherwise, as long as there is no reasonable settlement of their own property rights and interests, they will be able to solve their own problems as long as there is no reasonable settlement of their own property rights and interests during the period of divorce.
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