Research On The Cognizance Of Marital Common Debts

The research on joint debt recognition of couples is an important issue in China's marriage law.Since the promulgation of the "Marriage Law ",the legal provisions concerning the joint recognition of joint debts of husband and wife have been relatively fragmented,and no unified standard has been established.The courts in various parts of China can make clear decisions when hearing relevant cases.Quote.When courts in various regions determine joint debts of husband and wife,the main articles cited are“Marriage Law"(41)and "Judicial Interpretation of Marriage Law(II)"(Article 24).The former stipulates the criteria for the determination of husband and wife' s common debt as“Live together for the husband and wife ".The latter is based on the "period of the matrimonial relationship" as the standard of identification,and the different standards of the two naturally lead to the phenomenon of different judgments in the same case.In order to solve this problem,China needs to be cautious about the determination of joint debts of husband and wife,and consider how to establish a perfect joint debt system for couples,standardize the identification,reasonably allocate the burden of proof,and determine the correct liability for repayment.A sound theoretical system guides judicial practice and promotes local courts to effectively and fairly identify joint and matrimonial debts when they examine common debts of husband and wife,thereby balancing the legitimate rights and interests of creditors and non-dollars,and at the same time effectively protecting the security of transactions.