Research On The Identification Of Husband And Wife's Joint Debt In Private Lending Cases

With the continuous development of the socialist market economy,the rapid development of private lending,borrowing disputes increased significantly,between husband and wife and the debt relationship between the three people become more complex,the facts of the dispute to confirm the problem is more difficult,how the husband and wife debt,How the interests of protection,these two questions have been test the wisdom of the judge.In dealing with civil debt disputes involving the common debt of couples,many judges are mechanically quoted "Marriage Law Judicial Interpretation ?"Article 24 of the provisions,not to support the borrower's spouse's defense,will occur during the marriage period Debt is presumed as a common debt between husband and wife,although the provisions of Article 24 of the Marriage Law Judicial Interpretation Act help to regulate and prevent the borrower from avoiding the debt by divorce,but this practice also brings no small negative effects,as in practice There have been a lot of use of this provision,through malicious debt to harm the interests of the other husband and wife.In this regard,the author of the R City Court 2012-2016 civil borrowing disputes for the sample,through empirical analysis to find the common debt disputes in judicial practice in the face of conflict and dilemma,the scope of the common debt of husband and wife,the burden of proof,The law applies to a positive thinking and research on how to identify the common debt of husband and wife put forward the corresponding countermeasures and suggestions,hoping to improve the study of this problem to help.