On The Criteria For Determining The Joint Debt Of Husband And Wife

The joint debt of husband and wife becomes a complex and special debt because of its identity and property,therefore,and it is of great significance to make clear the standard of joint debt of husband and wife to solve the disputes of private loan,therefore,the discussion of this problem has always been highly concerned by the theoretical and practical circles.In 2018,the Supreme Court issued the "Interpretation of Issues Related to the Application of the Law in Cases Involving Matrimonial Debt Disputes",which changes the previously established criteria of "use theory" and "presumption of time ".To some extent,it balances the interests of couples who are not creditors,which effectively improves the judicial disorder with different convictions in the same case resulting from the ambiguity of the identification criteria,while there are limits.In the paper,it makes an analysis of the positive significance and deficiency of the standard of "common meaning" and puts forward the dual identification standard including "legal obligation" standard on the basis of the new standard of "common meaning" of co-signing and co-debt,starting from the evolution of legislation and combining with past standards and cases,in the end,it’s to discuss on how to make these two systems better applied in the process of joint debt determination of husband and wife from the point of view of improving the family affairs agency system and the husband and wife property publicity system.In the paper,it intends to develop the thinking and elaboration of related problems from four aspects.The first part of the article first carry on the evolution of the marriage legislation and judicial interpretation related to the joint debt determination rules of our husband and wife.And in the order of time,the judicial practice under different theoretical standards is analyzed,and their advantages and limitations are expounded.It also sort out the refereeing practice of the high courts in China,analyze the guiding opinions of the high courts on this issue,and point out the problems still to be solved in the practice exploration in the past years.The second part of the article elaborate on the three types of judgments on the common debt determination standards of husband and wife in China.From the perspective of academics,judicial practice and their respective problems,the author probes into the advantages and disadvantages of each of the three criteria and the criteria.More fair and just.The third part of the article combines the analysis of extraterritorial law,and through the function and historical investigation of the marriage system,based on the dual attributes of the identity and property of the husband and wife property system,emphasizes the legal obligation of the marriage and family and proposes the legality of the joint debt determination of the husband and wife.The standard of dual recognition of obligations and common meaning.The scope and extent of each of the statutory obligations and common meanings are clarified.Finally,an analysis is made on the relatively special two situations,namely,the identification period of the residence period and the debts required for the daily life of the family.The fourth part of the article is based on the establishment of the dual standard of the joint debt determination of husband and wife,and puts forward suggestions on how to improve the corresponding system in view of the current situation that the relevant problems of the husband and wife common debt recognition standards are not perfect,which helps to strengthen the joint debt of our husband and wife.Identify the integrity and system of the system.This part propose specific proposals for establishing a dual standard system for joint debt recognition of husband and wife,establishing a daily family agency right for husband and wife,and establishing a registration publicity system for husband and wife property.