A Study On The Rules Of Determining The External Tort Of Husband And Wife

Local courts determine the nature of one of the husband and wife's foreign tort debt is increasing,the current marriage law and its judicial interpretation only applies to the husband and wife's foreign contract debt determination,resulting in judges in the trial practice to determine the nature of the husband and wife tort debt treatment rules are different.This article takes "Chen Xime traffic accident tort dispute" as an example,around the case dispute focal point,analyzes whether the husband and wife external tort debt should be recognized as the husband and wife joint debt question,starts from the infringement debt general tort behavior basic characteristic,unifies the marriage family law regarding the husband and wife common debt basic idea,takes the parties interest balance as the basic origin Then,to explore the husband and wife in the external infringement of the nature of the debt determination rules.The conclusion of the study is as follows: in principle,this kind of debt should be regarded as the personal debt of husband and wife,and should be held responsible for the personal property of the husband and wife infringer;in exceptional cases,it should be regarded as the joint debt of husband and wife,and the creditor should bear the burden of proof for the application of the exception.