Perfection Of Cognizance Of The Joint Debts By The Spouses In Dispute Case Of Private Lending

In the increasingly complicated market economy, the system of faithfulness and credit, and family and friendship established long time ago have falling apart before the inducement of huge interests. In the court many loved couples turned his/her back on the other when their relationship has come to an end. A party of them can forge huge debts or borrow heavily for his/her own economic interests to attempt to obtain the maximized interests from the other party; Because of the heavily debts or protection of family interests, the spouses, irrespective of family and friendship, under the guise of divorce to evade payment of debts from their good friends. At the same time, the regulations on joint debts by the spouses in the Marriage Law of People's Republic of China are of small number and full of shortages, as a result, the court decision concerning the disputes over private lending of the joint debts by the spouses varies with the standard adopted by different courts and judges. The phenomenon is not only easy to damage the legal rights of the spouse of husband or wife as the creditor, but also reduce the authority of decision made by the court in people's mind. As for this issue, I divide this paper into four parts. Starting with the practical case of my own experience, and applying such legal methods as analysis, interpretation and compare comprehensively, this paper analyzes shortages and reasons of regulations related to recognizance of joint debts by the spouses at present in our country, and then put forward my own advice on resolution of this issue by combining relative regulations abroad and incisive views of theoretical circle on this issue as well as judicial practice of people's courts in various regions.In the first part, presentation of the issue. In this part, starting with the different decisions made by the court where I am in the trial of two dispute cases of private lending concerning joint debts by the spouses, I present the topic of this paper.In the second part, analysis of the issue. This part is the key of this paper. Starting with the concept of joint debts of the spouses and personal debts between the spouses, this part lists and analyzes shortages and problems existed in legal regulations related to the recognizance of the joint debts by the spouses in our country currently so as to resolve this issue preferably.In the third part, resolution of the issue. This part is also an important part in this paper. After analyzed the relevant issues in the second part, in this partⅠpresent my own advice on how to perfect the relevant regulations on the recognizance of the joint debts by the spouses by means of combining legal regulations and regular practice on the joint debts by the spouses and incorporating incisive views on this issue by relevant experts and scholars in theoretical circles and judicial practice of the people's court.In the fourth part, conclusion. This part summarizes the whole paper, and explains the inspiration and thoughts of this paper.