A Study Of Legal Problems In The Determination Of The Common Debt Of Husband And Wife

After the introduction of the twenty-fourth judicial interpretation of marriage law(two),the forty-first articles of the marriage law are used together to solve the problem of joint debts between husband and wife.However,because the standards are not unified and the burden of proof is unscientific,the cases of the same case have been greatly increased,which often leads to the huge debt of the non-debt parties outside the loan relationship.The interpretation on the application of law concerning the application of the law on cases involving marital disputes in January 18,2018(hereinafter referred to as "explanation")is used as the standard for the identification of the common debts of the husband and wife,and the burden of proof is reasonable between the creditor and the non debt party of the husband and wife.The allocation and interpretation can be traced back to the previous regulations,which fundamentally solved this problem.However,the interpretation still equates the common debt of husband and wife with the joint and several debt of husband and wife,and does not incorporate the "bona fide debt of the creditor" into the scope of the common debt of the husband and wife,and in understanding the explanation,it should be noted that it does not stipulate the principle of "common debt co signing"In this paper,starting from the case of joint debt that,through legislative and judicial status quo investigation "interpretation" has problem and there are still problems,and on the basis of theoretical analysis,the claim shall be the common property of husband and wife joint debts in debt,and not husband and wife joint debt;For the scope of the joint debt of husband and wife,"debt of mutual consent of husband and wife" and "debt of family agency" should be added "debt of good faith of creditors".In addition,the first article of the interpretation should be understood as the principle of "husband and wife agree to share debts",rather than the principle of "jointly sign debts".In order to identify the joint debt of husband and wife more simply,we should also establish the registration and publicity system of the property system agreed by husband and wife.