| Family is the most basic unit in our society.The joint debts of husband and wife lie in the intersection of property law and identity law.Its identification plays a great role in the relationship between husband and wife in our country.In practice,spouses conspire to infringe the interests of creditors by means of "false divorce",or one spouse colludes with creditors to infringe the interests of the other party during or before divorce,which also brings troubles to judicial determination.Whether the legal provisions can cope with the changeable and complicated situation,whether the judicial organs should make a comprehensive determination by comparing the articles of law mechanically or by combining the actual situation of the case,has attracted wide attention from all walks of life.Therefore,the identification of joint debt between husband and wife has important research value.At present,although the system of joint debts between husband and wife has been initially established through the marriage law and judicial interpretation,there are still many problems in practice,mainly reflected in whether one party’s debts in an invalid marriage should be regarded as joint debts between husband and wife,how to identify personal debts before marriage as joint debts between husband and wife,and how to identify debts of one party engaged in production and business activities as husband.It is difficult to identify the joint debts of wife and tort liability of one party as joint debts of husband and wife and the nature of debts after separation during the duration of marriage.Behind these five issues,the essence of the controversy is how to strike a balance between the creditor’s rights and the non-debtor’s rights of both husband and wife.As for the determination of joint debts between husband and wife,in an invalid marriage,debts should be assumed to protect the interests of creditors;premarital debts should be specifically analyzed on the basis of whether non-borrowers enjoy the benefits arising from the debts after marriage,and if they do,they should be recognized as joint debts between husband and wife;the debts incurred by one party in infringement of rights should not be recognized as joint debts between husband and wife during the duration of marriage;The nature of debt after separation needs to be analyzed in combination with the reasons for separation and the purpose of borrowing. |
