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.  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.