FAQs on arrears and responsibility identification
1. Is arrears necessarily a breach of trust?1. For arrears, if the debtor is at fault subjectively, such as deliberately defaulting or defaulting due to poor consideration, it constitutes a breach of trust at the same time. Deliberate delinquency subjectively constitutes malicious dishonesty, and subjective negligence in arrears constitutes general dishonesty.
2. For arrears, if the debtor owes the debt due to force majeure or other legitimate reasons, or actively remedies the debt or obtains the understanding of the creditor, it does not constitute a breach of trust.
3. The identification of untrustworthy behavior requires both objective and subjective elements. The objective element means that an act has damaged the legitimate rights and interests of others; the subjective element means that the perpetrator is at fault subjectively. , or: Injury to others through negligence such as inconsiderateness, overconfidence, recklessness and negligence. The identification of arrears only needs to meet the objective requirements, that is: whether there is arrears payable but unpaid.
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