From The Perspective Of Trial Practice,the Repayment Rules Of The Debts Of One Spouse In His Or Her Own Name

The nature of the debts owed by one spouse in the name of an individual is personal debt or joint debt,which is related to the protection of the debtor’s spouse and creditors’ rights.Although there are some affirmative and presumptive rules in the relevant provisions of the Marriage Law and relevant judicial interpretations,they have different legal consequences because of different values and evaluation criteria.For example,some legal provisions and judicial interpretations protect the debtor’s spouse’s rights and the interests of the marriage and family as a whole,and determine that the debts owed by "living together for the husband and wife" are the presumptive rules for the joint debts of the husband and wife,which will lead to a false divorce between the husband and wife in order to evade the debts and damage the creditors’ rights;some protect the transaction.From the point of view of security and protection of creditors’ rights,a presumptive rule is formed that takes the debts incurred during the period of "marriage relationship" as the joint debts of husband and wife.This rule leads to the collusion of one spouse and the third person to forge debts,which damages the rights of the debtor’s spouse.This leads to great confusion in the application of legal standards in specific cases by the judicial entity departments,resulting in a dilemma in the application of standards.The Judicial Interpretation of Matrimonial Debt Trial,which came into effect on January 18,2018,has restrained these two phenomena to some extent.However,the judicial difficulties of such cases have not been completely solved,such as how to define the "daily life needs of the family" standard in practice,how to interpret and prove beyond the daily life needs of the husband and wife living together,the joint production and operation of the husband and wife.In judicial practice,the dilemma of one spouse’s debt in his personal name is related to the result of the persistent interest measurement standard in judicial practice.We often get caught up in the role of creditor too early and borrow it in the trial process,so as to break away from the legal basis and legal logic of the joint debt of husband and wife.Therefore,the solution must be from the legal point of view of defining what is the joint debt of husband and wife and what is the personal debt,and under the existing legal framework,reconstruct the rules for the settlement of the debts of one spouse in his or her personal name.In the substantive level of law,it is necessary to define what is the joint debt of husband and wife and what is the personal debt.It is necessary to establish "for the joint life of husband and wife" as the first rule of judicial adjudication,and "husband and wife debt agreement" as the supplementary rule of judicial adjudication,in order to achieve the effective integration of relevant legal norms and rules.On the procedural law level,by reasonably distributing the burden of proof and increasing the application of character evidence,the interests of the debtor’s spouse and creditors can be balanced.