On The Common Debts And Identification Of Husband And Wife

In this case,in recent years,legislators have also made corresponding efforts to balance the above two relationships in the marriage law.There are a lot of opinions about marital debt.However,no matter which theory in the judicial practice can not balance the interests between husband and wife,between husband and wife and creditors.The reason is that there are still some deficiencies in the recognition of the joint debt of husband and wife in Our country,such as the lack of the family affairs agency system and the agreed property system.If we want to get a more accurate conclusion on the issue of identifying the joint debt of husband and wife,we should divide the type of the debt of husband and wife during the marriage continuance more precisely,and classify it from the aspects of the way and purpose of the debt.From the establishment of the draft of the Civil Code and the proportion of the types of court cases,it can be seen that the marriage law is an important branch of the civil legal relationship in China,and the determination of the marital debt is a complex but important issue.With the rapid development of China's economy in recent years,the husband and wife work together to make profits and use the profits to live together.The marital property relationship has become increasingly complex.Outside the partnership-like circle,there are also personal assets,such as gifts from parents to only one spouse,or compensation for personal damage suffered by one partner.So in this case,marriage is contractual.This is inevitable to undertake a legal change to the property between husband and wife.The repayment of the couple's joint debt,which will come later,will save a lot of unnecessary trouble.The judicial recognition of the joint debt of husband and wife is still a hot issue worth discussing in Our country.Although a large number of judicial interpretations have been issued,the identification of marital joint debt is still a difficult problem in current judicial practice.In this paper,the author intends to sort out the determination of the joint debt of husband and wife from the time of the issuance of relevant laws and judicial interpretations,and discuss it from 2004,2004 to 2018,and after 2018 respectively.And find out the difficult problem of the joint debt of husband and wife in Our country,and put forward their own shallow views from the two aspects of perfecting the law and legislation.