| With the continuous development of economy and society,the forms of marital property in the family are becoming more and more diversified and complicated.In order to meet the needs of daily life and family production and operation,one or both sides of the husband and wife inevitably have to establish creditor’s rights and debts relationship with the third party.In case of marital joint debts disputes,how to identify marital joint debts often becomes an important issue for both husband and wife.One of the controversial focuses.In order to protect the legitimate rights and interests of bona fide creditors and either spouse,it is of great practical significance to correctly identify the joint debts of husband and wife.The joint debt of husband and wife refers to the debts that should be paid by the husband and wife together in order to fulfill their legal obligations or to produce and operate the family during the period of the existence of the husband and wife’s relationship.If one party borrows debts before marriage and uses them for the common life after marriage,it should also be recognized as the joint debt of the husband and wife.Same debt.It includes joint debts of husband and wife during marriage and joint debts of husband and wife during separation.Among them,the joint debts of husband and wife during the marriage period are specifically divided into debts due to the joint life of husband and wife;debts due to production and business activities engaged in benefitsharing;debts due to the fulfillment of legal obligations of support and upbringing;and other situations that should be recognized as joint debts of husband and wife.The joint debt of husband and wife has the characteristics of relatively specific occurrence time,various occurrence reasons,and joint and several relationships among the subjects of obligation.From the early days of the founding of the People’s Republic of China to the present,The Supreme Court issued a judicial interpretation of the divorce property division opinion in 1993.Only in our country has there been a rudiment of the rules for determining the joint debts of husband and wife.After the marriage law was revised in 2001,the scope of joint debts of husband and wife was defined.In 2003,the judicial interpretation of the marriage law changed the recognition rule of joint debts of husband and wife into the principle of time presumption.In2017,the frequency of vicious cases such as unreal debt and malicious debt was reduced to a certain extent.The judicial interpretation of marital debt disputes issued in 2018 has established new rules for the determination of marital joint debt.However,there are still some problems in the rules for the determination of marital joint debt in our country,such as the lack of rules such as how to balance the interests of creditors and non-debtor parties,how to determine joint debt when couples are separated,the agency system for daily family affairs and other rules,conflicts between legal and judicial interpretations,doubts about the res judicata and other issues.In legislation,there are some deficiencies such as narrow scope of joint debts of husband and wife,wrong understanding of the nature,conflicts between legislation and judicial interpretation and lack of systematicness.However,in judicial practice,"debt cases" also happen from time to time.The relevant legislation of Germany,France,Switzerland and Japan has certain enlightenment on the perfection of the recognition rules of marital debts in our country.According to the actual situation of our country’s legislation and judicature,the identification rules should be perfected from the aspects of adjusting its legislative orientation,expanding its identification scope,establishing the debt system during the separation of husband and wife,and rationally distributing the burden of proof. |
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