Husband And Wife Joint Debt Identification Research

In the increasingly development of socialist market economy, one side or both sides of husband and wife borrow becoming more common, which presented the marital debt problem is more diverse. A surviving spouse borrowing shall be deemed to be joint debt or couples personal debt, not only affects the interests of the creditors, also is related to the interests of the other party to marriage protection. How to allocate the burden of proof and accurate to the fact that is directly related to the creditors and another party's interests to protect the balance between marriage problems, but also how to make a fair judgment to the court, sets up the judicial authority. Joint debt in the current legislation and judicial practice, there are still many placed should be more perfect, based on the legislative status quo, in-depth analysis of judicial practice around the results, and through the typical case, points out the existing problems and research. In this paper, with reference to the current laws and judicial interpretations and typical cases encountered in the judicial practice, puts forward some perfecting suggestions, in order to provide help for the cognizance of joint debt.This paper consists of introduction, text and epilogue, the text is divided into three parts.The first part is the basic theory of joint debt cognizance, clearly define the concept of spouses joint debt, analyzes the characteristics and scope of spouses joint debt, expounds the value of spouses joint debt cognizance.The second part, investigates the current situation of spouses joint debt cognizance from the angle of legislation and judicial practice, raises existing problems connecting with the typical cases.The third part in view of the present problems in the legislation and judicial practice, in the aspect of legislation and supporting system to build some perfect suggestions are put forward. In the aspect of legislation, shall specify the scope of spouses joint debt, unified joint debt cognizance standard, reasonable allocation of the burden of proof. In terms of supporting system construction, can consult abroad establishing daily family agent system and registration publicity system of couple's agreed property, for large debt shall practise a system of husband and wife jointly sign.