Research On The Rules Of Confirming The Joint Debt Of Husband And Wife

With the progress of the times,people's quality of life has improved,and economic activities are more and more frequent.In the complex and diverse social life,as an independent and interrelated individual,husband and wife often face the situation of debt for various reasons.Whether in theory or in practice,the recognition of husband and wife's joint debt has always been a hot topic.From law to judicial interpretation,this can be reflected in the continuous improvement of the way to deal with the joint debt of husband and wife.The latest civil code(Draft)incorporates the interpretation of the Supreme People's Court on issues related to the application of law in the trial of cases involving marital debt disputes,which came into force on January 18,2018,which shows the importance of the connotation implied in the judicial interpretation in solving the marital debt problem.Since its application,the recognition rule of "joint debt and signing together" has been established,which does reduce the situation that the nature of debt is recognized as joint debt of husband and wife in the case.However,in practice,the case disputes about the joint debt of husband and wife are still only increasing and not decreasing,among which there are some problems,such as the lack of clear provisions for the daily needs of the family,the lack of protection for the good faith creditors,the lack of detailed burden of proof,the lack of clear "unilateral" joint debt under the non borrower's liability to pay off,and the lack of consideration of debt handling during the new divorce calm period,etc.This is because the current common debt recognition rules and their supporting systems still have limitations.This article is based on the study of the rules for determining the joint debts of husband and wife,combing the development of its legislation and judicial interpretation.After discussing the advantages and disadvantages of the rule of time and the theory of common use of life,I agree to combine the two elements of "duration of marriage" and "needs of family daily life" to identify common debts.Then contact with practical cases to analyze the existing problems and reasons.At the same time of drawing lessons from the experience of relevant overseas systems,the author puts forward corresponding suggestions for improvement,mainly including:clarifying the definition standard of "family needs in daily life",perfecting the "co-debt co-signing" recognition rule,recognizing unilateral debt as personal debt during the cooling-off period of divorce in principle,and perfecting the matching system of the recognition rule of common debt,etc.By discussing the rules for determining the joint debts of husband and wife and the perfection of relevant systems,it is hoped that more thinking directions can be provided when facing the settlement of disputes over the joint debts of husband and wife.