The Case Analysis On Spousal Common Liability Dispute Of Ren V.Lin

With the development of society economy,in a marriage,the phenomenon of both of husband and wife borrowing from the third people becomes more and more frequent.However,how to distinguish personal debt from common deht is still a problem because of the particularity and complexity of the spousal relationship in reality.Though parts of provisions make stipulation for the standard of the spousal common obligation in the present law of our country,but those stipulations still can not solve the problems and have some deficiencies.The law and judicial interpretation are applied casually,even it caused the phenomenon that the same case has different judgment.Therefore,this work is from the perspective to analyse the rational parts and deficient parts of the two major standard of the spousal common obligation,and put forward to my own perfection of standard.This paper selected“Spousal Common Liability Dispute of Ren V.Lin case,to analyze.The case goes through the first instance trial and second instance trial.Because of the large differences between the result of two judgments caused by the different legal bases,it has caused heated debate in the academia and industry.This paper analyzes the case from three parts.The first part introduces mainly the basic facts and the result of judgment.The second part puts forward emphatically the three focuses of the case and discusses and analyses the three focuses respectively.The third part evaluates and analyzes primarily the certification of debtor-creditor relationship between Ren and Lin and legal bases of the judgments the two levels of courts.The last part offers some proposals for the standard of the spousal common obligation,such as perfecting the rules of the debt of living together and establishing a standard of the aim of living together and the system of daily household matters authority.