On The Mendacious Husband-and-Wife’s Common Debts

The current Marriage Law of the People’s Republic of China (mentioned as The Marriage Law below), especially the relevant provisions in The Judicial Explanation of The Marriage Law Ⅱ clarified the joint responsibility to clear off the common debts undertaken by both the husband and the wife. These provisions can protect the benefit of the creditor better. These provisions also use the presumption way to affirm the spouses’ common debts which is easy to operate; they suppress the phenomenon that the couple escapes from debts with mendacious divorce. However, there are inevitable problems in the actual operation; a typical one would be that the mendacious debts are presumed to be the common debts. Because of the diversification of the income approach and a general income increase in our country’s households currently, it occurs frequently that one of the spouses collaborates with a third person in counterfeiting and exaggerating debts or even using an false lawsuit to embezzle the Husbands and wives joint property, this seriously damages the interest of the non-debtor in the spouses.The main body of this thesis contains three parts:Part one defines and differentiates the relevant concepts in mendacious spouses’ common debts. This chapter mainly differentiates the concepts of spouses’ common debts and the concepts of mendacious spouses’ common debts. The existing situation of mendacious spouses’ common debts are concluded and analyzed in this chapter. Part two analyzes the juristic reason of the appearance of mendacious spouses’ common debts which is that there are deficiencies in legislation to be taken advantage of by some people. The practical problems caused by the deficient legislation are further analyzed. Part three provides preventative countermeasure and suggestions for mendacious spouses’ common debts according to the previous analysis and comparison. These include perfecting the affirming system and burden of proof allocation system of spouses’ common debts, filling the legislative blank, promoting the legislation development and perfecting the marriage law system in our country.