The Study On The Rules Of Presumption In Matrimonial Community Debt

As the financial status of both spouses there is a certain degree of privacy,when the husband and wife together with the other party signed a loan contract,the other side of the creditor between the husband and wife do not understand the debt situation.Therefore,under normal circumstances,if the debt between husband and wife is a common debt to require creditors to bear the burden of proof is very difficult,so the existing provisions require the debtor as long as the simple proof of the premise,it is presumed to have the formal requirements of the husband and wife personal debt is husband and wife Common debt.But in this case,the practice will be a series of problems.So this article on the practice of the problems to explore the rules of the reasonable and shortcomings,and to make some suggestions on the improvementThis article mainly on the above issues and recommendations divided into four sections to be discussedThe first part is an overview of the existing rules,while the common debt was summarized,as the presumption of the presumption of the facts that is made to make a corresponding simple assessment.This is the basis for the analysis of the problems behind.The second part is an overview of the current situation of the legislation,at the same time on the Supreme Court of the new supplementary provisions and the meaning and function of the notice were briefly discussed.The reasons for its inability to solve the existing predicament are briefly described.Analysis of the rationality and inadequacies of the presumption of husband and wife common debts.And to discuss the progress of the Court's investigation and evidence,the balance between the rights of both spouses and third parties,and the desirable distribution of the burden of proof in the notice of the Supreme Court.The third part of the current presumption of the rules of the unreasonable to reduce the creditor's burden of proof,greatly increased both sides of the couple did not prove the responsibility of the party,and on all the different types of common debt unified application of existing rules,So that in the trial can easily lead to the court's negative trial and substantive unfair treatment.So the judicial practice on the application of different rules to the case of the referee.The Supplementary Provisions introduced by the Supreme People's Court on the typical types of the emergence of the Supreme People's Court are of great help in resolving these perplexities,but they have not been able to really resolve the rules because they have only made improvements to the rules under the existing covenant presumption Malpractice.The fourth part puts forward the corresponding suggestions on the imperfection of the prerequisite fact system and the imperfection rules of the rules related to the presumption rule.For example,the nature of daily household rights and daily agency rights.At the same time,we put forward some suggestions on the perfection of the system of the property system.