Analysis Of The Liability Of The Guarantor’s Spouse To The Guarantee Of The Contract And The Decision Of The Judge

In judicial practice, the creditor in order to ensure that the realization of their own debt, often based on the relevant provisions of the marriage law and its judicial interpretation, the husband and wife in the name of the debt is not required to participate in the name of the guarantor of the spouse and the guarantor to assume responsibility. Because of the relative nature of the contract, the judge should protect the interests of the creditors, which is caused by the people’s courts at different levels. To ensure that the contract is different from the general contract due to the characteristics of its single service and free of charge, so that the security of the debt can be used as a joint debt, but also to consider whether the guarantee of the husband and wife whether to ensure agreement or whether the common benefit. In the course of the trial, the burden of proof of the above two factors on the distribution of creditors and the guarantor’s spouse is very important. Therefore, the balance of the protection of the creditor and the guarantor of the legitimate rights and interests of the spouse, the reasonable allocation of the burden of proof to make the rights and obligations of both parties is the principle of the type of case.