Confirming The Joint Debt Of Couples

The development and growth of the economy and society are closely related to the diversification and complexity of people’s property structure.Especially the property interest between husband and wife,due to the particularity of the marriage relationship,this property interest is not only related to the interests of both spouses,but also related to the interests of third parties with creditor’s rights and debts.From love to marriage,it is actually from the personal emotional choice of the man and woman to the union of the two families.As the basic unit of society,the family’s goal is to realize the harmony of each family and ultimately provide the basic driving force for social harmony.As an indispensable part of the marriage relationship,joint debt not only affects the security of transactions,but also has a major impact on social stability.This is why the issue of joint debt determination between husband and wife has been attracting attention.On May 28,2020,the "Civil Code of the People’s Republic of China" was officially promulgated.Article 1064 of the Marriage and Family Edition stipulates the joint debts of husband and wife.The article is a combination of Article 41 of the "Marriage Law of the People’s Republic of China" and the "Interpretation of the Supreme People’s Court on Issues Concerning the Applicable Law for Trial of Cases Involving Marital Debt Disputes",and once again pushes the issue of joint debt between husband and wife to the forefront.However,the promulgation of the "Civil Code" still does not provide a comprehensive response to the determination of the joint debt of husband and wife,so this article conducts research on this.The author believes that there are still deficiencies related to the determination of the joint debt between husband and wife,and it is possible to continue to improve.Efforts to find the gap in the system and practice,analyze the problem from point to point,and then propose a targeted improvement plan,which can constitute the logic for solving the problem.Therefore,it is urgent to analyze in detail the problem of joint debt between husband and wife in order to make up for the lack of rules for determining joint debt between husband and wife.This article is divided into five chapters.The first chapter is an introduction;the second chapter is an overview;the third chapter is related to the regulations of foreign countries;the fourth chapter is to put forward existing problems of my country’s related regulations through cases;the fifth chapter Is to make suggestions for improvement.