According to the Qichacha APP, Hunan Jiong Dad Culture Media Co., Ltd. and He Wei were enforced by the court on April 7 for failing to fulfill their legal obligations on time, and the subject of execution was 439,700 yuan. According to the company’s investigation, the issue involved in the case was the preparation of the second phase of the dream 3D exhibition project by Jiong Dad Company in 2013. The chairman of the board of directors was responsible for the provision and use of relevant resources of He Jiong’s studio. Since the company did not have project start-up funds, the plaintiff applied to He Wei’s account. 400,000 yuan was advanced. After the project ended, the plaintiff repeatedly requested to return the advanced funds, but all of them were rejected, which led to disputes.

This is similar to what Zhou Zhennan had done before. According to the relativity of contract, which is one of the basic principles of the Civil Code, the above-mentioned principles should also be applied to the relevant liability for breach of contract in this incident. That is to say, the liability for breach of contract can only occur between the parties to a specific contractual relationship. People outside the contractual relationship shall not be liable for breach of contract, and the parties to the contract shall not be liable for breach of contract. In other words, the money He Jiong’s parents owed occurred between He Jiong’s parents and the creditors, and had nothing to do with He Jiong. Is there any other way for the partner whose interests have been harmed to get the money? There is indeed. The law provides for an exception that can break through relativity-the right of subrogation: subrogation means that the creditor replaces the debtor to claim the right to the debtor’s debtor, that is, B owes money to A, but C still owes money to B, if the debt is due In the future, if B refuses to repay A’s money, A can replace B to exercise the creditor’s rights and directly ask C for money. According to the tycoon’s correction, it is now the Civil Code… If someone else owes He Jiong’s parents money, friends whose interests have been harmed can exercise the bonds on their behalf. So when the money He Jiong earned from performing business shows and selling fan gifts is used to support his parents, can the creditors get the money back? The answer is no. According to the law, the conditions for the exercise of subrogation rights are as follows: 1. The creditor’s claims against the debtor are legal and confirmed, and the repayment period must have expired. 2. The debtor is negligent in exercising its due creditor’s rights. 3. The debtor’s failure to exercise its rights has caused damage to the creditor. 4. The debtor’s claims are not exclusive to the debtor’s own claims. [1] Among them, Article 4 stipulates that “the debtor’s creditor’s rights are not exclusive to the debtor’s own creditor’s rights”. This type of personal creditor’s rights refers to rights arising from a dependency relationship. Therefore, from a legal point of view, He Jiong himself does not have to bear the obligation to repay the money owed by He Jiong’s parents. (The original intention of the law is to protect the debtor’s basic right to subsistence, but I did not expect to be exploited by some XX people. It is recommended that you directly consult attorney Hu for this kind of thing.) In addition, although from the law, He Jiong himself does not need to repay Money, but from a reasonable point of view, as a public figure, one should bear certain social responsibilities. As a star sought after by many fans, the most basic integrity is still to be achieved. I do not recommend that you use cyber violence against Mr. He Jiong, but as consumers, we have the right to “vote with our feet”. We can choose not to watch his variety shows or buy the products he endorses. Not much else. If Mr. He Jiong can read this article, I hope he can repay the money as soon as possible.

zhiwo

By zhiwo

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helpmekim
6 months ago

To be honest, this kind of deliberate non-repayment of the money on the account is purely disgusting. He Jiong’s father: Anyway, I don’t take the initiative to repay the money without being punished. Instead, you need to spend time and energy to go through the procedures for applying for enforcement several times. The classic “Although I don’t make money, you lose blood.” For this kind of people, don’t think about finding any words to wash them away. One is that they don’t respect the court’s decision, the other is that they fail to perform legal obligations, and the third is that moral corruption deliberately increases the difficulty for others to retrieve their legal gains. Although from a legal point of view, as long as He Jiong’s father did not deliberately transfer his property to He Jiong, He Jiong would not have to pay back his father’s money. But He Jiong had time to collect gold bullion, and he didn’t have time to deal with his father’s lawsuit. He was filial piety.

heloword
6 months ago

For companies operated by celebrity relatives, when signing the contract, can you consider adding a joint guarantee clause? If the celebrity is willing to assume the guarantee, the contract can at least continue. If the celebrity expressly refuses, then the opposite party can think about the contract. Legal risks continue. The father is still that father, and the son is still that son, both adults, so their wishful thinking is also obvious. Regardless of the legal point of view, but also aside from ethics. Even if the father does not pay back the money, even if all the father’s property is enforced, this matter has nothing to do with the son. But the old man can continue to live in the house bought by his son, the car bought by his son, and everything his son gave to him, nothing has changed much for him. As for the matter of face, they have long wanted to open it up, so what kind of face they want to be such an adult. Looking back now, the bigwigs in the entertainment industry are really doing the definitive representative and entity shareholders, they have penetrated through several layers of control, and their own risks are out of the question.

helpyme
6 months ago

Teacher He himself said that he received more than 20 thermos cups from fans alone. According to the fan quotes, the thermos they gave to Mr. He was prada and was worth more than 2,200. More than twenty, that’s more than 40,000. Not to mention, Yuxi gold bars or something. Teacher He didn’t need to withdraw money at all, and asked a courier to drag his gifts over. Not to mention the principal, the interest was paid. It was such an easy thing, but it dragged on for eight years. Teacher He rarely has an accident, but most of the accidents seem to be related to money: the Beiwai incident of eating empty salaries and high-priced gifts. Now, his father is in arrears… Everyone says that Mr. He is a good person. Teacher He is indeed. He does good deeds and accumulates virtue, treats others with kindness, knows books and courtesy, and is gentle and elegant. He has done all good things but he has repeatedly exploited loopholes in laws and regulations, or played a marginal ball between law and favor. He is such a smart person, but he is always confused about laws and regulations. He talked about righteousness and morality and benevolence, but he repeatedly stumbled upon the word justice. Ah. Just as after the Beiwai Space Sound was exposed, Teacher He regretted that he resigned. Beiwai can’t stop it. The mango station broke the gold bar gift, and Mr. He continued to regret that he refused to accept it. This time, there is a high probability that Teacher He will help to repay the loan and continue to regret it, and then nothing will be done. It’s just the incomplete word of justice, messy in the wind.

sina156
6 months ago

Good guy, how did the good entertainment industry become like this? Not only has it cultivated emotional melons, but it has also begun to spread the law to the public. It can be said that there are boundless merits. After all, is it the first time everyone has seen what is called surrogacy and restricts high consumption? Entertainment, the popularization of French two blossoms. There was a surrogacy in the United States before a Shuang sister, and later there was a height limit for the parents of an idol. Now the teacher Changchunshu He in the entertainment industry accidentally entered the melon field. Speaking of the father’s debts, I wanted to say something like a shit. It’s so beautiful, Lao Lai has long been swept away. Father debt to son is not still our country’s legal practice, unless it involves general inheritance. But then again, this case really has the possibility of repaying the money. It is also very simple. Teacher He issues a note to add debts, pay the money together, or directly put the money in. Although 400,000 yuan is not a lot, it can’t be afforded. Some people may have said, Teacher Miao, you are moral kidnapping. Ah, I don’t mean it at all. I don’t emphasize moral kidnapping, but I can’t refuse to be sincere. Especially when the juniors have sufficient repayment ability, the top-notch earning ability, let’s take a look at Shuangmei. So as a public figure, with massive resources, what he should have endured is more expectations than ordinary people. This is also the magic of idols. What’s more strange about this case is that the person applying for execution and the person being executed are each other’s defendants and repay the money alternately. Now the responsibilities of the person applying for execution have been determined, but the company of the person being executed does not give any money. This case actually warns us about two things, don’t be superstitious about idols, especially those who do business under the name of idols. Although the magic of idols is great, idols are not gods, and idols are not professionally studied economics. Idol worship is unnecessary. Second, repaying debts is justified. Especially today, when penetrating trials are emphasized, how to confirm debts and how to bear debts will be an eternal topic. During this period, the independent personality status of the company’s legal person may be encountered, and the legal person may be changed randomly, but no matter what, facing the debt is the true meaning of responsibility. Debt join, that is, the person outside the case participates in the original creditor’s rights and debt relationship and becomes the subject of debt performance obligations. As far as the third party’s debt is added, there are the following four situations: first, the creditor, the debtor, and the third party enter into a tripartite agreement; second, the creditor, the third party enter into an agreement; third, the debtor, the third party Enter into an agreement; fourth, the third party unilaterally promises to the creditor.

yahoo898
6 months ago

“Parents pit their children” is now popular in the entertainment industry? Yu Shuxin’s mother, Liu Jinmei, was restricted from high consumption; Zhou Zhennan’s parents were included in the list of dishonest people many times if they owed money to them; He Jiong’s father was enforced. It’s a lot of fun and exciting. Is 400,000 a lot? He Jiong’s episode of Happy Base Camp is more than that. Why bother? Is it that the father and son of the stars have their own lives, and the father and the son are not paying their debts? Didn’t you communicate before breaking out?

leexin
6 months ago

The gift He Jiong received is enough to pay back his father five times. What if he doesn’t deserve the money he deserves? Don’t talk about character and morality, but for the sake of your own reputation, you should also make arrangements early. Shouldn’t the superiors care about this thing very much? I wondered whether rich people can get any strange pleasure by virtue of being Lao Lai. Although I also think that someone is really engaged in He Jiong, but he has too many handles, one hammer is accurate, and it can be said that receiving gifts before is a common phenomenon in the industry. Now it is impossible to say that everyone in the entertainment industry owes money and does not pay. Right?

greatword
6 months ago

For this kind of rich and non-returning person, it is really going to be pulled out for shooting (serious…) no matter who it is. Many of the Lao Lai and those who are being executed may not have no money. It is really hateful. If there is no money, then it is forgivable. Look at Lao Luo, Luo Yonghao owes several hundred million. , It doesn’t matter if you don’t have money, you will pay back slowly! People’s attitude is at least there. I’m willing to do it. I take action. This is acceptable, but if you have money and don’t pay it back, or if you don’t have money, use this as an excuse. This is also hateful! If his father has no assets in his name, can He Jiong pay it back? The answer is: don’t pay back He Jiong, if you voluntarily don’t forbid it! Besides, there will be more than 400,000 things, so it won’t be impossible to get it out! I really don’t know what I think, it has ruined my reputation! He Jiong has a face and a good reputation in the industry! It’s totally unnecessary! I don’t know what Jiong’s father thinks…Look at He Jiong’s income, which is tens of millions a year, and you can get any pocket money! Picture source network. In fact, Mr. He, who really doesn’t want the actions of these “others” to affect him. After all, the reputation of the group is really good, and it takes care of newcomers; it is more important for the mainstream to give young people a positive and upward orientation!

loveyou
6 months ago

Many artists have proved to us that the personality of the artists is contrary to the facts. More fans proved to us that even if there are more facts, they don’t believe it. For them, Weibo may be more convincing than the judicial authorities. I didn’t specifically refer to anyone. After all, He Jiong didn’t do anything heinous. I mean that a group of people during this period don’t know whether other than the artists and hosts, certain satellite TVs can find out any big news. I am waiting for that day. Of course, it seems black to say so, let’s apologize first.

strongman
6 months ago

Without a deeper understanding of this matter, the literal response to your question is as follows: First, no one should be in good faith, cannot fail to abide by the contract, or violate the law. He Wei did not have any start-up funds for the project. The plaintiff paid 400,000 yuan to He Wei’s account. After the project was over, he should have repaid it in time, but he delayed the payment. The plaintiff’s repeated requests for return were rejected, indicating He Wei Failed to keep the promise and violated the contract. Second, the court’s second-instance judgment is the final judgment. After the second-instance judgment is made, it is the final judgment made by the national law on the facts of the litigation. For the second-instance judgment, every citizen and legal person should resolutely execute it. Will be subject to more severe sanctions by law, such as enforcement, such as restricting high consumption, not letting you take high-speed rail, not letting you take an airplane, not letting you stay in high-end hotels and other high-spending. Third, you can appeal to the court if you are dissatisfied with the second-instance (final) judgment, or you can appeal to the procuratorate. If there is indeed an error in the second-instance judgment, the court will correct the error through the retrial (trial supervision) channel to make up for the losses caused to the parties by the error in the final judgment. However, the parties had to perform the second-instance judgment on time. Finally, as to the question of whether He Jiong’s father He Wei has no assets to fulfill the judgment, can He Jiong be allowed to repay it. This matter has nothing to do with the relationship between the father and the son, but it is related to the relationship between this project and He Jiong (whether it should be jointly and severally liable). This is a problem resolved by the court’s decision, not an issue of enforcement. Since you didn’t have a thorough and detailed understanding of the case, I don’t know whether this answer can solve your doubts.

stockin
6 months ago

Receiving gold bars, running out of pay, defaulting on payments. If the law is the bottom line of morality, and a person advertises that he abides by the law, he may be a scumbag. So a person who is exaggerated all day long with good character, high quality, good morals and good deeds, looks like a moral model, but he repeatedly jumps on the edge of the law, then what is he? The villain or the hypocrite, which one is more hateful. Judging from the domestic celebrity circle, the latter seems to be more, and they are also praised higher. And those who didn’t break any laws but had flaws in morality, and even had no problem with character, but they had low EQ and said the wrong thing, they were hammered into the ground.

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