Identification Of Husband And Wife Co-signed Debt

Husband and wife co-signed debt is not only determined the exact relationship between the husband and wife both their own economic interests and economic responsibilities, but also may affect the interests of a third person and transaction security have become the courts in divorce proceedings in a common and thorny issue.Personal debt in accordance with law by the husband and wife couple personal commitment, one of the spouses should take satisfaction in their personal responsibility for the property; husband and wife co-signed debt by both spouses jointly and severally liable, the creditor the right to request spouses discharge all debts.China's couples the legal regulation of joint obligations embodied in the "Marriage Law"41th Article,"Supreme People's Court on the application of The People's Republic of China Marriage Law of the "Interpretation of Several Issues (2)" 24th Article.These two legal provisions of the following problems:First, identify the scope of husband and wife co-signed debt is not specific, second generation husband and wife co-signed debt settlement time, the time and ill-defined and third, will prove to be husband and wife co-signed debt allocated to the debtor the burden of proof spouse unreasonable, four conflicts between the law, resulting in the same case,the application of different laws, it may have different legal consequences.Identification of husband and wife together to solve the debt problem and needs to be perfect from the following aspects:first, the rights and obligations under the principle of consistency, to determine the scope of husband and wife co-signed debt. Then, the need to improve our existing system, such as:will prove to be husband and wife co-signed debt burden of proof assigned to borrow one of the spouses, the establishment of husband and wife co-signed debt large sign recognition system. Finally,we must establish the relevant supporting systems, such as:the establishment of separated spouses, respectively, during the debt system and the system of registration of matrimonial property system of notification.