In the era of Internet finance, mobile transfer has become a convenient way to repay. However, in one case, the defendant sent 20 transfers of 250 yuan in a row to repay the money, but the plaintiff claimed that he was insulted and refused to accept it, and applied for compulsory enforcement. So, how does the law view this controversial act? This article will analyze the relevant legal knowledge.
1. Case review: The defendant's repayment method was disputed.
In this case, the defendant sent 20 pieces of 250 yuan to the plaintiff through mobile phone transfer, totaling 5,000 yuan. After receiving the money, the plaintiff considered this method to be an insult to his personality, so he refused to accept the money and applied to the court for enforcement. The defendant argued that this was a legal way of repayment and there was nothing wrong with it.
2. Legal analysis: whether the repayment method is legal.
1.The provisions of Chinese law on the method of repayment.
According to the Contract Law of the People's Republic of China, the debtor shall perform the debt in accordance with the agreed manner. The debtor may, with the consent of the creditor, change the manner in which the debt is performed. It can be seen that the debtor's repayment method needs to be in accordance with the contract or changed with the consent of the creditor.
2.Whether the repayment method involved in the case is legal.
In this case, the defendant did not repay the loan in accordance with the original contract between the plaintiff and the defendant, and changed the repayment method without the consent of the plaintiff. From a legal point of view, there was a problem with the defendant's repayment method.
3. Legal judgment: whether the plaintiff has the right to refuse to accept the payment.
1.Determination of insulting repayment methods.
According to the "General Principles of the Civil Law of the People's Republic of China", anyone who insults others and damages the reputation of others shall bear civil liability. In this case, the defendant sent 20 transfers of $250 in a row, which was obviously insulting. The plaintiff has the right to assert his legitimate rights and interests on this basis.
2.The legality of the plaintiff's refusal to collect the money.
The plaintiff has the right to refuse payment in cases where the defendant's method of repayment is problematic and insulting. The plaintiff's application to the court for compulsory enforcement is in accordance with the provisions of the Civil Procedure Law of the People's Republic of China.
To sum up, in this case, the court held that the defendant's performance was improper and could not be regarded as the plaintiff's refusal to collect the arrears. The court ultimately ruled to dismiss the defendant's objection and uphold the plaintiff's application for enforcement. In practice, the debtor should respect the wishes of the creditor, reasonably perform the repayment obligation, and avoid disputes arising from the repayment method. At the same time, creditors should also understand the debtor's willingness to repay, resolve disputes through negotiation, and maintain social harmony.