Research On The Rules Of Marital Debt

The rule for determining the joint debt of husband and wife is how to determine the nature of one party's debt.It can not only protect the interests of creditors,but also maintain the security of transactions.It respects the independent personality of the spouse,and also protects the property rights of the spouse.However,my country's laws have not achieved mutual coordination and unification of this provision.At present,my country's legal theorists have widely accepted the standards of the three rules on joint property and debts of husband and wife.These standards are established on the basis of judicial interpretations,systems and laws that currently exist in my country.The "Interpretation of the Supreme People's Court on Issues concerning the Application of Law in Trial of Cases Involving Marital Debt Disputes"(hereinafter referred to as "Interpretation of Marital Debt Disputes")provides a theoretical basis for the "autonomy of will" standard."The Supreme People's Court's Interpretation on Several Issues Concerning the Application of the " Marriage Law of the People's Republic of China "(2)"(hereinafter referred to as "Judicial Interpretation of the Marriage Law(2)")provides judicial interpretation for the "period of marriage" standard.The "Marriage Law of the People's Republic of China"(hereinafter referred to as the "Marriage Law")defines the standard for "marriage living together".In the practice of judicial trials in my country,different standards of determination have led to the phenomenon of "different judgments of the same kind".It is imperative to clarify the rules for determining the joint debt of husband and wife.It can improve judicial credibility and better safeguard the interests of the parties.This article believes that in the context of the publication of the Civil Code and the upcoming implementation,the chapter on marriage and family uses the basic ideas of Article 41 of the Marriage Law as the basis,and it is necessary to further clarify the standards through judicial interpretations of the Supreme Court.This article first introduces the relevant legal provisions of my country's existing rules on joint debts between husband and wife,including Article 41 of the "Marriage Law",Article 24 of the "Judicial Interpretation of the Marriage Law(2)" and "About the People's Courts Trial Divorce Cases and Handling Property Division" Several specific opinions on the issue(hereinafter referred to as the "Divorce Property Division Opinions")and the relevant theories of the "Interpretation of Marital Debt Disputes" have elaborated and analyzed the determination of joint debts between husband and wife.Article 41 of the "Marriage Law" is ambiguous,which can easily lead to misunderstandings.The "Opinions on Divorce Property Division" proposes a fairer method of splitting the joint property of the husband and wife,and stipulates several kinds of debts that are not the joint debt of the husband and wife.Circumstances,the rules for determining the joint debt of husband and wife are more clearly defined.According to the content of Article 24 of the "Judicial Interpretation of the Marriage Law(2)" published later,the liability of the spouse who is not the debtor has been increased to a certain extent.Excessive emphasis on this point in time for the survival of the husband and wife relationship is likely to cause many undesirable consequences.The "Interpretation of Marital Debt Disputes" puts forward the theory of "co-signing and sharing debts",breaking the previous standard of determining the joint debts of husbands and wives based on time nodes,and providing a more valuable legal basis for determining joint debts of husband and wife.Based on the complexity and characteristics of the three standards for determining the joint debt of husband and wife,it is pointed out that there are certain problems with the rules for determining joint debt of husband and wife in my country.First of all,there are no specific regulations on the notarization system of the husband and wife's agreed property publicity,which makes it impossible for both husband and wife to accurately provide the creditor with informed proof,which increases the probability of joint debt determination for the husband and wife to a certain extent.Secondly,in the current laws and judicial interpretations,there are different issues of the burden of proof.Non-creditors and creditors have the burden of proof.However,in real life,it is very difficult for non-creditors to prove that the debts are not used in daily life without knowing it,and it is also very difficult for creditors to prove that these debts are used for married life.Third,in judicial trials,the ambiguity of the family agency power has led to changes in the outcome of the case.In the current legislative link,it is urgent to clearly define the scope of the family agency as soon as possible.Finally,the property information during the separation period is asymmetry,the non-creditor cannot understand the behavior of the borrower,and the creditor cannot grasp the property information during the separation period.Regarding the above-mentioned problems existing in the rules for the determination of joint debts between husband and wife,this article puts forward some specific suggestions to improve the rules on joint debt between husband and wife.First,improve the distribution system of burden of proof.Second,establish a daily family agency system.Nowadays,there are more and more couples representing each other externally.It is especially necessary to establish a daily family agency system.To a certain extent,it can prevent and reduce the occurrence of malicious debts by one spouse,and play a positive role in the maintenance of the marriage relationship and the trial of judicial cases.Third,the establishment of a marital property publicity and notarization system will enable creditors' legal rights and interests to be more effectively protected,so that creditors should exercise due care when facing the issue of spouses raising debts separately and reduce transaction risks.Marital property registration helps both spouses maintain the independence of their respective property and understand each other's property status.It is also convenient for the parties to make inquiries when claims and debts occur,and provides a basis for determining liabilities for possible debt disputes.After the establishment of a reasonable and sound property publicity system,not only can there be reciprocity between the creditors,but the third paragraph of Article 19 of the "Marriage Law" can also have a larger application space.Fourth,establish a debt system for husband and wife separation.The establishment of a debt system for husband and wife separation can greatly reduce joint debt disputes caused by husband and wife separation.While speeding up the resolution of property disputes during husband and wife separation,it can save judicial costs by improving judicial efficiency and minimize the negative pressure of debt disputes.