Confirmation Of Joint Liabilities Of Husband And Wife In Private Lending Cases

In recent years,due to the severe economic situation,the number of private lending cases has risen steadily,with many types and complexities,and the issue of joint debts of couples is more prominent.The reason for this problem is that our country is a human society and pays attention to interpersonal relationships.When citizens borrow from each other,they often do not pay special attention to legal norms.The husband and wife are also regarded as one,whether it is a creditor or a debtor.The written certificate issued by the husband and wife or signed by the two is not strictly required;the existing legal provisions on the determination of the joint debt of the husband and wife in China are also different.In the trial practice,due to the level and professional knowledge level and life The difference in experience has caused the judges to have different understandings and applications of the legal provisions.The same type of cases have different processing results,which seriously affects the judicial credibility and authority of our country.At the same time,such a consequence is clearly unfair in both the creditor and the non-loan party.Therefore,in the case of private lending,whether the debt is recognized as a joint debt or a personal debt is of great significance to the protection of the legitimate rights and interests of creditors and couples.How to determine the joint debt of husband and wife,although there are provisions in China's "Marriage Law",in recent years,it has also introduced a new judicial interpretation in line with the development of the times,but there are still some difficulties in practice.Due to the vagueness of the standards established by the law,many difficulties have arisen in judicial practice.This paper mainly analyzes the different judgments of the three-level courts of two similar and different retrial cases,and then leads to the problems to be discussed in this paper,that is,how to determine the joint debts of husband and wife in private lending cases.This paper sorts out the legal provisions on the determination of joint debts of husband and wife in China,analyzes the current situation,and focuses on the problems of judging the common debts of husband and wife in private lending cases in judicial practice.Finally,through the above research contents,it puts forward the improvement of the problem of determining the joint debts of husband and wife.And countermeasures,through the clear improvement of the legal system of joint debts of husband and wife,the scientific allocation of burden of proof,the establishment of a daily family agency system,the definition of the scope of daily family agents and the establishment of a husband and wife agreement on property registration and publicity system to achieve commonality in China's private lending cases Further improvement of the determination of debt.