| The provisions on the joint debt system of husband and wife can be traced back to the Marriage Law of the People’s Republic of China in 1950（hereinafter referred to as the "Marriage Law"）until the promulgation of the "Civil Code of the People’s Republic of China"（hereinafter referred to as the "Civil Code"）.The amendments will make changes to the rules of joint debt of husband and wife,which shows the complexity of the problem of joint debt of husband and wife.Article 1064 of the Civil Code clarifies the types of joint debts of husband and wife in the form of legislation:including debts agreed upon by the husband and wife,debts borne by the family’s daily needs,and debts owed by creditors to prove the use of debts.It can be said that Article 1064 of the Civil Code further improves the joint debt system of husband and wife on the basis of inheritance and revision of the Marriage Law and related judicial interpretations.But at the same time,there are still some imperfections,especially the lack of corresponding regulations on how to determine the joint expression of the husband and wife,the scope of daily family agency rights,and which type of debt should be used for which repayment method.When analyzing the legal issues of the husband and wife joint debt system based on the expression of common will,we should start with the case.Because Article 1064 of the "Civil Code" has a short application time and there are few cases that can be referred to,the "Civil Code" will be applied when searching for cases.The Interpretation of the Supreme People’s Court on Issues Concerning the Application of Law in the Trial of Cases Involving Debt Disputes Between Husband and Wife（hereinafter referred to as the Interpretation of Debt Disputes over Husband and Wife）also covers cases with the same rules.Through the screening and analysis of cases to understand the application status of the husband and wife’s joint debt system determined based on the common will The problem is that the defects are difficult to identify;the scope of the daily needs of the family is not clear;at the same time,there is no debt repayment rules that are in line with the debt rules,so that the purpose of maintaining family harmony and protecting the legitimate rights and interests of creditors cannot be achieved to the greatest extent after the debt is determined.The solution to the above problems is based on legal behavior theory.First of all,for the defect of consent in the determination of the joint expression of the husband and wife,we should combine the relevant provisions on the interpretation of the expression of intention in the General Provisions of the Civil Code to explore signing in the name of a non-debtor.The true intention of the party concerned is the main one,and strive to make the determination of the debt conform to the true meaning of the debt at the time of the conclusion of the debt,and then explain the defects of the agreement that need further explanation from the way of expressing the intention,and further clarify the nature of the debtor’s spouse’s subsequent behavior.For the determination of the scope of daily family agency rights,the legal nature of the act should be demonstrated,and the reason for identifying it as a joint debt of the husband and wife is not based on the purpose of the debt,but because the debt belongs to the daily needs of the family,it can be presumed that the debtor’s spouse has a common debt.The intention is that the determination of daily family agency rights based on this should be different according to the actual situation of the case,to avoid the“one-size-fits-all” monetary standard,but to refine the scope of daily family agency rights,and at the same time Restrictions on day-to-day family agency.Finally,regarding the lack of repayment rules for the above-mentioned types of joint debts of husband and wife,it is still carried out from the perspective of legal behavior theory.The order of the responsible property at the time of repayment shall be stipulated in accordance with the legal provisions,and the joint property of the husband and wife shall be prioritized for repayment during the repayment. |
