Research On The Issue Of Common Debts Of Husband And Wife In The Situation Of One Party's Operating Liabilities

With the development of economy and the change of society,new types of marital property disputes are emerging,among which the most concerned is the marital debt disputes.Under what circumstances,the operational debt caused by the husband and wife can be recognized as the joint debt of husband and wife and how to pay it off,which has become a common concern of the theoretical circle,the practical circle and the general public.Although the current legislation of our country involves this,there are still some imperfections.In this case,there are no more detailed and clear provisions on the recognition rules of the joint debt of husband and wife,the distribution of the burden of proof,and the rules of debt settlement,This makes the academic and practical circles have different understandings of the current system,which leads to different judgments of the same case from time to time,which not only raises questions about the judgment results of the parties,but also harms the stability of the law,so it is necessary to make a more in-depth study on this issue.This paper analyzes and discusses the typical case of one party 's operating liabilities--"the case of Galloping Horse's widow 's liabilities",trying to clarify the relevant disputes in theory and practice,which is beneficial to the further improvement of the joint debt system of husband and wife in China and its proper application in judicial practice.This paper is based on the case of the widow's debt of Galloping Horse.Based on the analysis of "the case of Galloping Horse's widow 's liabilities",it analyzes and discusses the relevant issues involved in the case.It uses case analysis,normative analysis,comparative analysis,system analysis and other research methods to conduct a comprehensive analysis of the case from different perspectives It mainly includes four parts.The first part is the introduction,which mainly introduces the background and significance of the topic.The background of the topic is based on the case of "the widow's debt case of Galloping Horse",which leads to the core issue of the article,that is,the recognition of the husband and wife's joint debt in the case of one party's operating debt.Because the issues involved in this case are quite typical,and there are quite differentopinions on the judgment in practice,so The study of related issues is not only of theoretical significance,but also of practical significance.Next,it mainly combs the views of scholars in similar cases at home and abroad,summarizes them,finds out the theoretical issues,and determines the core content of this study.The second part is a more detailed introduction to the case.The first is to make a statement of the basic situation of the case and the judgment result.In this case,the court of second instance held that the business debt owed by the deceased husband before his death belongs to the joint debt of husband and wife.This judgment result has aroused great concern in the society,and some scholars are opposed to it,so they have to reflect on why the judgment of this case has not been unanimously approved by everyone.Next,the focus of the case is sorted out,and two issues are summed up: the recognition and repayment of the joint debt of the husband and wife with one party's operating debt,which paves the way for the following.The third part is the core of the article,which is the analysis of the main legal issues involved in this case.This part first analyzes the concept of husband and wife's joint debt,and draws its own conclusion on the basis of combing the different understanding of the definition of husband and wife's joint debt in academic circles.Then,the author analyzes the nature of the joint debt of husband and wife,and holds that such debt is not joint debt,but joint debt.On the basis of this understanding,this paper further discusses the key issues to be studied in this paper,that is,the situation that one party's operating debt constitutes the joint debt of husband and wife.The situation of joint debt of husband and wife that constitutes one party's operational debt includes mutual agreement,joint operation of both parties and mutual benefit from debt raising.Then combined with the specific situation of this case,the analysis of the reasons for the judgment in this case is not sufficient,and there are some irrationalities.The subject of responsibility should be the widow Jin Yan and other heirs of Li Ming.The property of responsibility should include the joint property of husband and wife,the personal property of Jin Yan and the property inherited by other heirs when the joint property is not enough to pay off debts.The last part of the article is a summary,that is,through the above research and analysis,to find out the irrationality and the legislative gap of our country's husband and wife's joint debt system,and on the basis of reviewing the relevant systems outside the country,put forward some suggestions to improve our country's husband and wife's joint debt system.This mainly includes making clear that the identification standard of one party's operating debt should be based on the mutual benefit of both husband and wife;the burden of proof should be further improved on the basis of existing laws and regulations,which should not only conform to the general principle of "who claims,who adduces",but also protect the interests of bona fide creditors;following the "conditional joint and several liability" in the debt settlement rules That is to say,the joint property of the husband and the wife shall be used to pay off the debts first,and the part not enough to be paid off shall be paid off jointly and severally by the personal property of both parties.