The Dilemma And Solution Path Of The Common Debt Of Couple’s Rules

Whether or not the husband and wife’s joint debt can be reasonably recognized is a problem that the rule of law in the market and the marriage cannot be solved easily.With the development of economy,the personal relationship and property relationship between husband and wife are more independent,and the economic exchanges with the outside world are more frequent,the relationship between creditor’s rights and debts is gradually increasing,and the number of cases in which the joint debts of husband and wife are recognized is on the rise.In particular,in the case of a husband and wife who can be recognized as a joint debt of a husband and wife under the circumstances,the disputes in judicial practice are quite controversial.How to better balance the legitimate rights and interests of creditors and spouses is always in a difficult position in judicial practice.This judicial dilemma has aroused widespread concern among legislators and scholars,and it is expected that the introduction of a more complete legal system will balance the interests of different subjects.The evolution of the joint debt rule of our husband and wife from the “use theory” to the “presumption theory” to the subsequent interpretation of the “couple disguise” issued by the Supreme Court shows that the relationship between husband and wife is increasingly complicated,and the husband and wife in a personal name are responsible for the debt during the marriage.The distinction between the nature of the problem has become increasingly prominent.This article takes the predicament of the joint debt determination rules of our husband and wife in the application of law as the starting point.Through the analysis of typical cases in judicial practice,it is found that the judges have different understandings on how to determine that “debt for the husband and wife live together” and prove the evidence in the parties.Distribution is often caught in the dilemma of protecting creditors or spouses.The reason is that we find that the current rules for the determination of joint debts of husband and wife are not uniform,and there is a lack of routine household agency system in the legislation,and there is a problem that the distribution of burden of proof between the parties is unscientific.Finally,some suggestions for perfecting the joint debt determination rules for couples are put forward.This paper believes that the daily family agency system should be introduced in the civil code.The choice of the husband and wife joint debt determination rules is divided into internal and external theory.The foreign relations are judged by the interpretation of the husband and wife debt,and “the use theory”is applied to the internal relationship.And with a reasonable distribution of evidence,a unified identification rule is formed to fully protect the interests of different subjects,to solve the dilemma of the application of the joint debt determination rules,so that the law can truly play a role in the dispute.