Identification And Liquidation Of Joint Debts Of Spouses

With the booming socio-economic development,husbands and wives are participating in market economic activities to engage in other property-related transactions more and more frequently,and the types of debts they produce are increasingly diversified and complicated.In practice,there are many difficulties and controversies regarding the identification and settlement of common debts of husband and wife,and the relevant regulations are simple and vague and complicated.The academic and practical circles have been controversial about this,which has important research value and practical significance.Balancing the interests of all parties is of great significance for maintaining transaction security,protecting property rights and interests,and ensuring the stability of marriage.This article combs the provisions of the Marriage Law and related judicial interpretations,traces the evolution of the judicial rules of common debts of husbands and wives,and elaborates the legal basis,applicable prerequisites and supporting systems established by the common debt presumption rules.In judicial practice identification,a high degree of caution is required to prevent Direct application,mechanical justice,must subjectively and objectively review the various factors such as the amount,time,place,purpose,delivery method,source of payment,economic situation and consumption habits,etc.,to comprehensively and comprehensively consider the actual situation and build a reasonable Rules for debt recognition and settlement.Discuss and demonstrate the problems of different standards for determining the nature of husband and wife debts in the legislation,chaotic application of judicial practice,insufficient exceptions,and improper liability in practice,etc.,and provide solutions for the resolution of husband and wife debt disputes.From the legislative background,analyze the changes and significance of relevant factors in the Interpretation of the Issues Related to the Application of Laws in the Trial of Cases Involving Husband and Wife Debts issued by the Supreme People's Court,understand the unfair distribution of the burden of proof,and the difficulty in defining alarge debt co-signing system.insufficient.Analyze and clarify the attributes of common debts of husbands and wives in the situation of legal common property of husbands and wives,and distinguish the differences between the debts of husbands and wives based on the wishes of both parties or daily housework and the debts solely due to the spouse,so as to establish the scope of responsible property and liability The method and the specific case analysis of the debt secured in private lending explain the nature of the guaranteed debt that a spouse bears.Interpret relevant regulations and analyze sample cases to provide institutionalized solutions.Put forward suggestions for the related system of husband and wife's common debt,build a bankruptcy system of natural persons that promotes mutual economic and social relations,and make both creditors and debtors feel fair.Explore how to understand "personal property" during the existence of husband-wife relationship,and establish liability rules for debt disputes between the settlement of common property and the duration of the marriage property system.Legislation does not exclude the division of the common under the premise of the existence of the marriage relationship.Possibility of property.