The Identification And Satisfaction Of Couple Debt Under The Statutory Joint Property System

Since the marriage law was amended in 1980,the statutory joint property system has been basically established in China.According to this system,marital property is divided into the individual property and the couple's joint property.Likewise,marital debt,as passive property,is divided into personal debt and joint debt.In China,due to the principle of legal provisions,the supreme people's court has issued several judicial interpretations on the marital debt issue.Although The civil code of the People's Republic of China makes relatively specific provisions on the determination of marital debt,there is still considerable controversy over the marital debt system in both academic and judicial practice.Therefore,it is of great practical significance to study the identification and repayment of marital debt.The identification of marital debt in China has undergone a process from principle to relative concrete evolution.The civil code of the People's Republic of China fully absorbed the judicial interpretation of husband and wife debt to identify the standard of joint debt.However,the civil code still has the difficult problems of the daily needs of the family,common life and the joint production and operation.For the repayment of marital debt,from the marriage law of 2001 to the draft civil code,it is stipulated that the joint debt is "jointly repaid" by the couple.In judicatory practice,more common practice is by husband and wife both sides joint and several pay off.However,with the qualitative research on the nature of the couple common debt,the theoretical circle is more and more questioning the joint repayment attribute of the joint debt.At the same time,the unclear property liability and the lack of recourse mechanism also bring problems to the marital debt system.Based on the analysis of China's laws and the reference study of overseas legislation,this paper divides marital debts into three types:personal debts,joint debts that are jointly and severally paid by the husband and wife and joint debts that are not borne by the spouse of the non-debtor.