Study On The Identification Of Joint Debts Of Husband And Wife

Family is an important part of social life,marriage is the core of family life,and the proper settlement of marital debt disputes is an important factor related to social harmony and stability.The academic community has always maintained a high level of enthusiasm for the study of marital debt,and there are many related academic works and papers.Based on the theoretical differences and legislative status of marital debt recognition,this paper makes a systematic analysis of the problems in marital debt recognition.The main content of the paper consists of four parts,the specific situation is as follows:The first part is the basic theory of marital debt.This paper mainly introduces the types of marital debt and the relationship between marital property system and marital debt recognition.Marital debt is mainly divided into marital personal debt and marital joint debt,and marital property system is the basis of marital debt identification.In our country,the property system jointly owned by husband and wife after marriage and the cognizance of marital debt should keep the same value idea,that is,we should carry out the essential purpose of marital life together and give consideration to the transaction security.The second part is the analysis of the recognition standard of marital joint debt in China.The theory circle to the husband and wife joint debt cognizance exists the use theory,the time pushes the conclusion and so on the divergence.The utility theory mainly considers the purpose of debt,while the time theory mainly considers the time of debt.On the basis of analyzing the theoretical differences in the recognition of couple's joint debt,it is pointed out that the essential problem of the recognition of couple's joint debt is the choice of different values.In other words,we should insist on the moral responsibility of marriage and family,the protection of individual freedom and the security of market transactions.The third part is about the confusion in the practice of identifying the character of marital debt.Starting from the two cases,the main problems in the recognition of marital debt in the trial practice are the ununified standards of recognition,the unclear scope of daily life of the couple's family,the difficulties of creditors in borrowing and the unsatisfactory implementation of the co-signing system.The fourth part is the suggestion of consummating our country couple joint debt cognizance rule.It is suggested that the basic principles of debt recognition of husbandand wife should be clarified first,that is,the principle of connubial agreement,the principle of maintaining marital stability and the principle of maintaining transaction security.It is suggested to establish a clear household agency system to clarify the scope of daily life needs of the family.The scope of a family's daily needs can be considered defined by positive enumeration and negative exclusion.In terms of the burden of proof,the burden of proof for debt arising from different causes should be refined.For example,the burden of proof for debt "beyond the needs of daily life" that are considered as common debt should be Shared by the creditor,the debtor and the spouse without debt,but the burden of proof should be mainly provided by the creditor.Reduce the burden of proof for creditors and strengthen the examination power of the court.At the same time,in order to cooperate with the agreed property system,the system of husband and wife property registration and publicity should be established.