Research On The Determination Of The Couples Common Debt

Family is the "basic cell" with the most extensive social interaction,Marriage is the core of family life.Properly resolve marital property disputes related to the harmony and stability of society as a whole,The joint debt problem of husband and wife is an important part of the husband's property relationship.The academic community is keen to study this academic issue,There are many related academic works and academic papers.Content includes marital property system,Defined jointly debt,nature,classification,identification criteria and Criticism and Reflection on Identification and Repayment of Joint Debts in China,The general thinking of the academic community tends to be consistent.On the one hand,Couples common debt determination law has different standards of identification,At the same time,they have expressed deep concern about the phenomena of fictional fictional debts that are frequently found in the media in recent years.However,if we proceed from the historical background,the theoretical cornerstone,and the interest considerations promulgated in Article 24 of the judicial interpretation of the “Marriage Law”(II),The interpretation clause has theoretical and practical legitimacy?This article describes the joint debt determination and settlement issues of husband and wife.Deconstructing the marital property system related to the debts of husbands and wives,the rules of the burden of proof,and the priority of the protection of interests,etc.Demonstrate the justification of Article 24 of the interpretation of the “Marriage Law”(II).At the same time,combining the theoretical norms of foreign couples' common debt recognition and the problems existing in practice,the proper path for joint debt recognition and settlement rules of couples is straightened out.The main content of the paper consists of four parts.The details are as follows:The first part is an overview of the joint debts of husband and wife.It mainly discusses the basic issues related to the joint debts of husband and wife,including the concept and characteristics of the joint debts of husband and wife,and the husband and wife property system closely linked to the debt recognition of husband and wife.The husband and wife property system fundamentally determines the legislative norms of joint debts of husband and wife and also constitutes The most important theoretical basis of Article 24 of the Judicial Interpretation of the “Marriage Law”(II).The second part is the standard for determining the joint debts of the husband and wife in China.It mainly discusses the current four criteria for determining joint debts of husband and wife,namely,the purpose standard,time standard,consensus standard,and benefit-sharing standard.While briefly introducing the four recognized standards,it also analyzes four types of recognized standards.Among them,the evaluation of the standard of time recognition is the core content of this paper.Through the study of theoretical theory,legal basis,convergence of legal system,value judgment and measurement,etc.,the justification of Article 24 of the judicial interpretation of “Marriage Law”(II)is demonstrated.The third part is the normative evolution and judicial trial practice of husband and wife joint debt determination.First,in order to better explain the relationship between husband and wife's joint debt determination and the property system of husband and wife,the paper also elaborated on the husband and wife property system of Portugal,Germany,Japan,and France,and the determination of joint debts of husband and wife.The repayment rule is rooted in the construction system of the husband and wife property system;the second is the discussion of the changes in the marital joint debt determination standard since the founding of the PRC;and the second is the analysis of the current joint judicial determination of husbands and wives in the country,summarizing the cases.Describes our country's overall understanding of the joint debt recognition of spouses at the level of specific judicial operations.The fourth part is the correct path for joint debt recognition and settlement.The main thread of this section is the desire to correctly implement the joint debt recognition and settlement of the husband and wife on the basis of sticking to Article 24 of the Judicial Interpretation of the “Marriage Law”(II).Specific contents include rigorous review of the occurrence of debts,grasping the order of application of laws,and clarifying the limited liability of spouses of uninsured parties.