Identification Of Joint Debts Of Husband And Wife

Marital debt is a part of the married life of a couple.In real life,there are many disputes between couples due to debt problems.How to define the joint debt of the couple is a prerequisite for properly handling the common interests of both spouses and the legal rights of creditors.For a long time,the basis for the determination of joint debts between husband and wife in judicial practice in my country is mainly based on the relevant legal provisions in Article 41 of the Marriage Law and Article 24 of the Interpretation of the Marriage Law(2).However,the determination rules lack many drawbacks and are widely used by people.Criticized.On January 17,2018,in order to further protect the rights and interests of all parties,the Supreme People’s Court issued the "new interpretation",which introduced the concept of mutual agreement between spouses for the first time Whether the debt is used for common life and daily needs is the basis for judging the joint debt of the couple.On May 28,2020,the "Civil Code of the People’s Republic of China" was formally promulgated.Article 1064 of the Marriage and Family Chapter sets the standard for this type of debt,which is basically established as the expression of joint intention,living together,and joint production and operation of husband and wife.So far,academic circles and judicial practice have basically had no major disagreements with regard to the criteria for determining the debt.However,there are many disputes in academic circles and judicial practice on how to interpret the expression of the common will of husband and wife,living together,and joint production and management.This has also led to a large number of different results in the same case.This article sorts out the relevant legal provisions for the determination of this type of debts.Based on the analysis of judicial precedents,this article focuses on how to define the joint expression of intentions,living together,and joint production and management of husband and wife.Analyze the problem and its cause,and finally propose solutions.The first part gives a general overview of the concept,nature and characteristics of the joint debt of husband and wife,and present my opinion on the joint debt of the husband and wife.Through the mainstream viewpoints of academic circles and judicial practice,this paper analyzes and studies the nature of the joint debt of husband and wife,and studied the feature of this type of debt on the basis of comparative research,so as to provide theoretical support for the improvement opinions presented later.The second part adopts foreign countries(such as the United States,United Kingdom,Germany,France,Japan)on the related research and legislative ideas about the joint debt of husband and wife,such as the establishment of a husband and wife agreement property registration system and a recovery system,and the establishment of the scope of family agency rights.Analyze the relevant regulations and characteristics of foreign countries’ debts of husband and wife,and extract the parts that are beneficial to related research in my country.The third part is a systematic comparative analysis of the status quo of my country’s legislation and justice,and finds out the problems and causes of the problems in the joint debt determination of husband and wife through specific judicial cases.Through the legislation and judicial precedents related to the joint debt of husband and wife in various periods in my country,the evolution law of the joint debt recognition standard for husband and wife is drawn,at present,my country has reached a unified certification standard of it,that is,the husband and wife agree,live together,and produce and operate together.Three elements.At the same time,it also finds out the problems in the process of identification.The constituent elements of husband and wife’s agreement,co-living,and joint production and operation are not clear,and the judge’s knowledge and judgment level cause very different judgment results.The fourth part propose measures on make better of the joint debt recognition system of husband and wife.Put forward targeted opinions on the various elements of the determination standard,and put forward his own opinions on the burden of proof and the responsibility of paying off,such as subdividing the evidence of creditors and debt-raising couples,and clarifying the scope of liability for debt settlement.Finally,a related conception of establishing a supporting system is proposed.