Traditional Culture Encyclopedia - Hotel franchise - A newly married couple in Zhengzhou did not check out after the wedding banquet. How should the hotel take responsibility?
A newly married couple in Zhengzhou did not check out after the wedding banquet. How should the hotel take responsibility?
It turned out that the nephew of the hotel owner owed Zhou 70,000 to 80,000, and he didn't pay it back for several years. In addition, the debtor is in charge of the hotel, and Zhou will do the same. However, is there a legal basis for Zhou to do so? Not really. Zhou's behavior actually belongs to the debt offset stipulated by law. This kind of offset can be divided into two types, one is consensual offset, that is, the two sides reached an agreement on debt offset, but in this case, the two sides obviously did not reach an agreement on offset, so Zhou could not unilaterally exercise this behavior.
The other is the legal right of set-off, which can only be exercised if certain conditions are met, that is, both parties owe debts to each other and all debts are due, which is an offset debt in nature. What debts cannot be offset? For example, tort debt, if you owe me money, I'll give you a beating and write off the debt, okay? No way! It is forbidden by law.
For another example, alimony cannot be offset. The father borrowed money from his son, and the son said, can you offset it with alimony? It seems no problem, but if the father sues his son for alimony, the court will support it. Because paying debts with alimony is against public order and good customs. It is the nephew of the hotel owner who owes Zhou money, not the hotel. Therefore, Zhou has no right to exercise what he thinks is the right of set-off.
Even if the person who owes money is the owner of the hotel, Zhou has no right. Because the hotel is a hotel and the hotel owner is the hotel owner, they are independent subjects. This right can only be exercised if there is evidence that the boss borrows money for hotel operation. Therefore, in this incident, Zhou should pay the wedding banquet fee to the hotel, and his dispute with the debtor needs to be resolved separately.
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