Li Mou And Huang Mou Wang Mou Folk Loan Dispute Case Analysis

With the rising divorce rate in China,there are more and more debt disputes between husband and wife and between husband and wife.But as a result of commenting on the provisions of the standard joint debt,which results in the practice of joint debt that often know,especially for couples unilaterally debt debt disputes of different connection with the given situation.Therefore,it is necessary to make some discussions on the joint debt problem of husband and wife so as to find a reasonable way to resolve these disputes effectively.In this case,the huang during marriage unilaterally debt with creditors after li mou of debt disputes,the dispute focus also exactly is husband and wife in the judicial practice is common legal problems involved in the debt.That is,whether the debt raised by huang is the joint debt of the husband and wife,whether the debt is used for the joint life of the husband and wife,and whether the debt of the single party in the separation period constitutes the common debt.Based on a detailed analysis of case,the following conclusions:first,the husband and wife together debt shall,in accordance with the standard of "purpose theory",unilaterally lift of the cognizance of the bonds shall,in accordance with the actual use of this debt to determine,in line with the legislative aim and purpose of the "marriage law";Second,because our country existing law for unjust distribution of burden of proof,the practice of borrowing party proof can't consequences,so by the debtor to prove the actual use of this debt is more rationality;Third,separation is often because the relationship deteriorated cannot live together,do so during the separation unilaterally borrowing constitute a common debt still should be in the actual use of this debt is used to live together as a standard to be more rational.Through the analysis of this case is representative.,help to define the scope of the husband and wife together debt and personal debt,reasonable distribution of the liability of the parties,fair and the protection of the interests of creditors and the borrowing side,effectively maintain transaction security and social order.