Research On Joint Operating Debts Of Spouses

In recent years,the people in China are enthusiastic about entrepreneurship.In case of any legal dispute,it often involves the question of the community debts of spouses.The provisions of the Marriage Law of the People’s Republic of China on the couple’s debts are relatively principled,which are mostly supplemented by the judicatory interpretation,and there are few provisions on joint operating debts of spouses.In 2018,the Supreme People’s Court issued the interpretation on several issues concerning the application of law in the trial of cases involving community debts of spouses’ disputes(hereinafter referred to as the interpretation on community debts of spouses).Article 3 of the interpretation on community debts of spouses refers to the debt joint operating debts of spouses,but there are still a lot of controversy in practice.The Civil Code of China was promulgated on May 28,2020.Article 1064 of it follows the provisions of the interpretation on community debts of spouses Therefore,this paper chooses the joint operating debts of spouses as the research object,analyzes its identification,proof,obligation and other issues.With this point,the paper tries to discuss the typology of community debts of spouses.This paper is divided into six parts.The first chapter discusses the present situation and difficulties of the joint operating debts of spouses in judicial practice through cases,and puts forward problems in five areas in this paper.The second chapter introduces the legal provisions on the community debts of spouses in China and discusses its identification and legal basis.The third chapter introduces the concept and organizational form of joint operating debts of spouses,and distinguishes it from other community debts of spouses,and makes clear the connotation and extension of the joint operating debts of spouses.The fourth chapter introduces the burden of proof of joint operating debts of spouses,discusses the abilities of burden of proof of each party,and analyzes how to realize the substantive justice in the burden of proof.The fifth Chapter discusses the liquidation of the joint operating debts of spouses,compares the joint obligation with the joint and several obligations,and discusses the rationality and feasibility of excluding the personal property of the debtor’s spouse from the responsibility property.On the basis of the above research,the sixth chapter discusses the judgment logic,identification and liquidation of the community debts of spouses,and provides suggestions on the marital debt system in the Civil Code of China.