Rules For The Determination Of Joint Debts Of Husband And Wife

Economic development promotes the progress of material life and brings about the transformation of ideas and concepts.The dual transformation of material and spiritual is more concentrated in family life and is reflected in the property relationship between husband and wife.The richness of material life has made the economic relationship more diverse and complex.The particularity of the relationship between husband and wife makes the identification of the joint debt of the husband and wife more controversial and divergent.At the same time,China’s "Marriage Law" only stipulates the principle clauses for determining the joint debts of husband and wife.The legal supplements made by judicial interpretation are also slightly thin,making the judicial practice work heavy and difficult,and even one party maliciously invades the rights of the other spouse.Whether it is a creditor or a spouse who is not a debtor,its property rights should be effectively protected by law.Therefore,this paper analyzes and studies the couple’s common debt determination rules.Under the analysis of the nature of the husband-and-wife relationship,the study of the husband-and-wife property system,and the analysis of the commonalities of the husband and wife,the three valid rules for the effective joint husband and wife debt are grasped..The Interpretation of the Supreme People’s Court [2018] No.2 specifically stipulates the rules for the determination of joint debts of husband and wife,to some extent alleviate the conflict of interest between the husband and the wife and the counterparts of the transaction,and reasonably distribute the burden of proof.However,the rules for the determination of joint debts of husband and wife in China still have the disadvantages of system confusion,unclear standards and other ills in the legislative practice,as well as the unclear standards and unequivocal ability of proof in judicial practice.On the basis of summarizing the shortcomings of the rules in the first chapter,we will study with the problem consciousness,and think about what kind of rules are needed for China’s national conditions and judicial practice,and what kind of legal value marriage concept is supported by different identification rules.Therefore,the second chapter of this thesis analyzes the theoretical basis of the joint debt determination rules for husband and wife.It is pointed out that the essence of marriage is the long-term common life of husband and wife,and the economic expenditure to maintain the normal operation of husband and wife living together is the key to forming a joint debt of husband and wife.At the same time,influenced by the concept of husband and wife,the husband and wife no longer emphasize absolute intimacy.In the property system,couples choose different forms of property.On the basis of theoretical analysis,the third chapter of this paper starts the specific analysis of the joint debt determination of husband and wife in China,and defines the joint debt of husband and wife through identity basis,subjective basis and objective basis.It is pointed out that the definition of household daily life needs to be judged closely around the necessity of the period debt.The debt is only for the purpose of maintaining the daily life of the family.Secondly,the identification of the common life should be comprehensively determined through the actual use of the debt,the possibility of benefit,and the internal situation of the family.Finally,the determination of the joint production and management of the husband and wife should be judged from the nature of the business entity,whether it has the husband and wife agree,and whether the two parties have decision-making power on the operation.In the fourth chapter,taking the editorial civil code as an opportunity,the paper puts forward the legislative conception on the joint debt determination rules of the husband and wife,to improve the external effect of the agreed property system,establish a very property system,and cooperate with the application of the joint debt determination rules of the husband and wife.Complete system of identification rules.