On Cognizance Of Couple's Common Debt

With the continuous development and progress of society,people's views on marital relations have undergone great changes.From the previous emphasis on the relationship between husband and wife should be integrated into one now pay more attention to the independence of individual personality.In recent years,the number of cases related to husband and wife debt disputes has continued to increase,and the determination of the couple's common debt has therefore become the focus of the legal and judicial circles.A reasonable definition of the joint debt of the spouse can not only protect the property rights of the spouse,but also maintain the harmony of the family and the safety of market transactions.The current status of the current couple's debt system in China is that the relevant regulations are not systematic and complete,important content is missing,and even wrong rules exist.In judicial practice,the standard of intra-marital presumption in Article 24 of the Judicial Interpretation of Marriage Law(2)is often used as the ruling rule for handling disputes between couples'common debts.Situation,but it also brings new problems.For example,the expanded determination of the couple's common debt has caused losses to the non-borrowing party's interests.In order to solve this problem,the Supreme People's Court re-issued the"Interpretation on Issues Relevant to the Application of Law in the Trial of Cases Concerning Joint Debt Disputes"(hereinafter referred to as Fa Shi[2018]No.2).The new interpretation clarifies the two rules of "co-debt co-signing" and daily family agency rights.It is also more reasonable in the distribution of burden of proof.It has guidance and guidance for the current and future handling of husband and wife debt cases,but the new interpretation is not perfect.In practice,it also faces new problems,and the rules need to be further improved and refined.This article is divided into the following four parts:The first part is the basic theory of the couple's common debt determination rules.First,it analyzes and summarizes the different opinions of scholars on the concept and nature of spouses 'common debts,and draws the author's personal views.Next,the impact of the determination of spouses' common debts under different standards on the interests of creditors or debtors discuss.The second part is an investigation of the rules for determining the common debt of husband and wife.Sort out the current laws and judicial interpretations of the rules related to the determination of husband and wife's common debt,and point out the existing problems.Focus on the analysis of the newly promulgated rule[2018]No.2 and point out the progress of the new judicial interpretation.The third part is to combine the practical cases and find the problems and application limitations of Fa Shi[2018]No.2 in judicial practice,such as the ambiguity of the consensus rule under the "co-debt co-signing" and the extension of "family daily life needs" extension Uncertainty and whether the separation period affects the determination of the couple's joint debt.The fourth part is to summarize the above-mentioned problems existing in the determination of husband and wife's debts in-depth,study the identification elements of Fa Shi[2018]No.2,and propose corresponding solutions from the perspective of legislative and judicial interpretations.One should be appropriate To expand the interpretation of the agreement on the couple's debt,the second is to clarify the extension of the concept of "daily life for the family",and the third is to establish the rules for determining the couple's joint debt during separation.