Recognition Of Joint Debts Of Husband And Wife

Historically,the rules for determining the common debt of husband and wife have gone through different stages,such as usage theory,time theory,co-debt co-signing,and consensual expression theory of husband and wife after the other party's recognition.The legislative changes reflect the complexity and importance of the determination of the husband and wife's common debt.In practice,different judgments in the same case,the uninformed spouse is in debt,and the legal rights of creditors are not guaranteed.Review the previous legislation on the determination of the husband and wife's common debt,comb through the main basis for determining the husband and wife's common debt in different periods and study the advantages and disadvantages of various kinds of determination basis.Through the empirical analysis of the sample cases,the problems in the process of determining the common debt of the spouses and the causes of the problems are studied.Refer to the "Civil Code,Marriage and Family Edition" regarding the legislative value of the determination of the common debt of the husband and wife,clarify the common debt determination standard,strengthen the application principle of co-debt co-signing,and balance the internal and external relations of the family.Change.Finally,to promote family harmony,maintain transaction security,adhere to the basic principles of legislative systematization,operability,and gender perspective,put forward future legislative ideas,clarify the similarities and differences of common debts and joint debts,and further improve debts by establishing a daily family agency system The post-acquisition recovery mechanism and the method of establishing a property disclosure system provide solutions for the determination of the joint debts of spouses in China.Figure 5;Table 0;Reference 52...