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24 Aug

In order to correctly try civil disputes and unified the referee lending measure, equal protection lending the lawful rights and interests of both, maintain the order of the market economy, recently, the higher people’s court in chongqing, according to the relevant laws and regulations, promulgated a folk lending dispute cases in the guiding opinion on some issues. The guiding opinion on the extensive consultation and absorbing the part of the city, the basic people’s court, the people’s congress FaGongWei, municipal government office, city financial do, pedestrian chongqing branch, city silver inspect bureau, city, city of LvXie, and other units and individuals, and the opinions of the high court judge by the municipal committee before modified form.
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Yesterday, the Supreme Court, judge the MinErTing reading guidance “.
The husband signature borrowing
The wife may also when the defendant
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The guiding opinion on a party: husband and wife signed contract for loan of money lenders to both sides of husband and wife a lawsuit for the defendant, the people’s court shall permit.
Reading: although borrowing the parties to a contract for lenders, the borrower, but the borrower for natural person often and the identification of common debt. If allowed to the husband and wife when a lawsuit, may be more convenient to the parties and can save the judicial resources.
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However, when the defendant and accept responsibility and can’t simply HuaDengHao, to particular case is particular analysis.

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The plaintiff an iou recognized the handwriting
The defendant should provide handwriting samples

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The guiding opinion on: the plaintiff only on the basis, the defendant argues that a lawsuit iou of iou signature or seal, in the original, the defendant false shall not apply for appraisal, by the plaintiff for identification of the responsibility for. The plaintiff an appraisal, the defendant shall provide handwriting or official seal of the samples than; Refuses to provide the, the people’s court may directly recognized the iou signature or seal is real.
Reading: the basis concerns a provision, in a contract dispute case, claiming that the establishment of the contractual relation and the effect of a party, the formation and the fact that take effect shall bear the burden


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