The Research On The Determination Of Commom Debt Of Couples

"Husband and wife common debt" problem is the marriage law in the field of controversy is more prominent problem.There are differences in what is the "common debt of husband and wife",the determination of the standard,the distribution of the burden of proof,the distribution of responsibility.The confusion of legislation,the patch of judicial interpretation and the clutter of jurisprudence,which leads to the understanding and application of the common debt of the husband and wife in judicial practice.The phenomenon of the same case is quite serious.The two rights and interests in the common debt of the couple,that is,the creditor's rights and the debtor's spouse's rights and interests,is a contradictory existence,how to balance the protection of the two rights and interests of the common debt is determined to solve the problem,but always Did not achieve satisfactory results.In particular,the introduction of the provisions of Article 24 of the Marriage Law of the Marriage Act,the creditor's rights protection has been raised to a new height,whereby the debtor's spouse "is indebted" often occurs,leading to the interests of the debtor's spouse facing an unprecedented law At risk.This article is divided into five chapters:The first chapter mainly introduces the present situation of the legislation of "common husband and wife",and reveals the shortcomings of the legal provisions,put forward the problems and shortcomings cause thinking.The second chapter gives an overview of the definition,characteristics and legal relationship of "common husband and wife debt",and makes a further understanding of "common husband and wife debt".The third chapter focuses on the analysis of the two common interests of the common debt of husband and wife,that is,the creditor's rights and the interests of the debtor's spouse.The fourth chapter mainly introduces the idea of the common debt of husband and wife,especially the new model of the burden of responsibility and the creditor's burden of proof of the new ideas,the current legislative blank to add a new idea.The fifth chapter puts forward the proposal of standardizing the "common debt determination of husband and wife" from the aspects of "combating false litigation" and "debtor spouse's joining the litigation system".