On The Recognition Of Joint Debts Between Husband And Wife

As the saying goes,"it is difficult for honest officials to judge family affairs",and a lot of provisions and relevant judicial interpretations have been revised before and after the issue of marital debt.Although they have been improved every time,there will be a steady stream of reproaches every time.This paper takes 2018 as the boundary and analyzes two cases before 2018 and three cases after 2018 to analyze the characteristics of cases involving the joint debt of husband and wife: that is,there is little dispute on the fact of borrowing;Whether the other spouse knew about the debt became a focus.At the same time through the analysis of the court's handling of the case so as to put forward the corresponding problems.Then it introduces the background of the introduction of the interpretation on the application of law in the trial of cases involving marital debt disputes in detail,so as to make a specific interpretation of it.Then it combines the five cases related to marital debt disputes in the above part to make a detailed analysis of the identification rules of marital common debt.Secondly,the author interprets and analyzes the legal system of marital debt in France,Germany,Belgium and Switzerland.Therefore,it analyzes the deficiencies of the legal system concerning the presumption of marital joint debt in China: namely,"joint debt and joint signing" increases transaction costs;Increase the legal risk of creditors;Conflict with traditional marital ethics.Finally,through the above analysis,the author puts forward Suggestions for the improvement of the presumption of marital joint debt in China: clearly defining the scope of family agency;Defining the criteria for the purposes of the loan;Treat them differently and refine the rules.