Research On Couple's Common Debt System

Economic intercourse between families becomes more and more frequently along with the fast development of society.As the core of the family,both husband and wife play a pivotal role in the economic exchanges between families.In view of the special relationship between husband and wife,the spouses can interact as an economic community.However,the independent personality of the spouses did not disappear with the conclusion of the marriage relationship.The higher the stage of social development is,the higher the participation of individuals in economic activities is.At this stage,everyone can find their own position in social development.Therefore,in dealings with others,the couple cannot be together every time.More often than not,the spouse as an independent individual interacts with the outside world.The more frequent economic exchanges,the greater the possibility of debt.In order to meet the needs of the family for better development,the husband and wife will borrow on the basis of consensus.From the point of view of the debt,the spouses should simultaneously act as the debtors of the debts they raise and share the responsibility for fulfilling their obligations.Therefore,this kind of debt is the joint debt of the husband and wife.Due to the limitations of time and space and the influence of customs,it is impossible for both spouses to arrive at the same time each time they borrow.Many times it is the spouse who acts as a representative to borrow money from others,and the debt raised is also recognized by the spouse.However,a spouse as an individual with an independent personality can also provide personal debt to others.Since such debt is not used for family life needs and does not have to be approved by the spouse,it cannot be used as a joint debt of the spouses.From the perspective of borrowing,one spouse can either represent a spouse to borrow money from a third person or simply act as an individual to borrow money from others.With the same debt-raising behavior,the resulting debt is completely different in nature.The former is a joint debt of husband and wife,and the latter can only be used as a general personal debt.Because of this,more and more cases involving debt disputes between husband and wife.How to accurately determine whether the debt of the spouse is a common debt or a personal debt is the most important issue to be considered by the relevant departments.Over the years,with the continuous introduction of relevant regulations,the joint debt system of our husband and wife has also been continuously improved.However,as the economic situation changes with each passing day,new problems continue to emerge,resulting in the phenomenon of lagging legislation is still very prominent.In view of the related issues in our country's husband and wife debt system,the paper discusses from five parts:The first part mainly starts with analyzing the cases concerning debt disputes between husband and wife,which leads to the issues related to the joint debt system of the husband and wife studied in this article.The second part mainly elaborates on the basic connotation of the common debt of husband and wife from three aspects: basic concept,basic nature,and main characteristics,and explores the main issues of the definition of the common debt of husband and wife,the standard of identification,and so on.Through analysis,it can be concluded that the joint debts of husband and wife are still in the nature of debt,and they are also subject to the adjustment of the laws related to property and identity.Compared with personal debts of husband and wife,the main characteristics of husband and wife's common debt are: First,there must be a common meaning expressed by the husband and the wife.Second,the debt raised must be used in the daily life of the family or the joint life of the husband and wife and joint production and management.The main contents of the joint debts of husband and wife were further elaborated from the six aspects of the obligatory subject,the basic idea of borrowing,the time of occurrence,the cause and use,and debt repayment.The third part has analyzed successively the related regulations of the spouse's debt in Germany,France,the United States and other countries.Through analysis and comparison of the legislative features and principles of various countries,it is hoped that there will be inspiration for the improvement of relevant regulations in China.The fourth part firstly analyzes the historical changes of the husband and wife's common debt system in China through the elaboration of the common debt regulations of couples in different periods in China.In particular,a comparative analysis of the related laws and judicial interpretations concerning common debts of husband and wife in the current period has provided a clearer and more concrete understanding of the existing joint debt system in China.Finally,it points out the importance and urgency of further improving the husband's joint debt system in China.This part secondly analyzes the defects of our country's current joint debt system.It is pointed out that the defects of the current joint debt system of the husband and wife in China mainly include five aspects: One is that positioning is not reasonable enough.The second is the lack of husband and wife routine family agency system.The third is the lack of publicity mechanism for the contracted property system.Fourth,the standard of identification is still not perfect.The fifth is the absence of the repayment rule.In the fifth part,on the basis of clarifying the position of the joint debt system of the husband and wife,the paper puts forward suggestions for improving relevant regulations.Improvement suggestions include four aspects: The first is to establish a husband and wife routine family agency system,the second is to establish a husband and wife agreement property system publicity system,the third is to improve the standard of identification,the fourth is to improve the repayment and recovery system.