Research On The Determination Rules Of Joint Debt Of Husband And Wife In China

The joint debt of husband and wife is a hot issue in practice and theory,and the core issue is how to determine the nature of the spouse’s foreign debt.The 2021 Civil Law Interpretation on Husband and Wife Debt Disputes has amended the husband and wife debt,canceling the provisions on husband and wife debt in Article 24 of the Marriage Law Interpretation.2),and are divided into three types.Husband and wife have joint debts,but many concepts are still ambiguous in the determination rules of husband and wife joint debts,concepts such as "family needs in daily life" are not clear,many problems in the identification of "consensual" joint debts,and the allocation of creditors’ heavy burden of proof and other problems still exist,resulting in the current law still not well suited to the needs of current judicial trials.How to better balance the interests of all parties,realize the maximum protection of interests in family life and transaction order,and promote the sustainable and healthy development of the economy and society is an unavoidable issue and a common pursuit in the legislative,judicial and academic circles.This article discusses the rules for determining the joint debt of husband and wife in my country by consulting relevant materials and combining relevant cases.The article uses the empirical analysis,comparative analysis and other legal means to analyze the current rules for determining the joint debt of husband and wife in our country.The article discusses the rules for determining the joint debt of husband and wife in my country from three aspects.The article expounds the concept,nature,characteristics,concept,concept and related theories of husband and wife debt theoretically.The "Rules for Determining Joint Debts of Husband and Wife" is a relatively comprehensive legal system concerning joint debts of husband and wife.The legal evolution of civil law and the institutional response of civil law.Secondly,this paper conducts an empirical analysis on the application of the joint debt of husband and wife in my country’s Civil Code,summarizes,classifies,and refines,and draws a set of legal systems applicable to the joint debt of husband and wife.For the joint debt of husband and wife,there are conceptually incomplete,narrow scope and no clearly stipulated repayment obligations;at the same time,there is also the defect of redistribution of the burden of proof to the creditor.Finally,according to the deficiencies of our country’s current legal system,this paper compares and analyzes our country’s rules for the determination of joint debts of husband and wife with the relevant foreign regulations;.The determination of the joint debt of husband and wife is optimized from multiple perspectives,and some opinions and suggestions are put forward to reconsider the distribution of the burden of proof.The author advocates that,on the premise of not deviating from the marital property,try to start from the current system.On the basis of improving the relevant provisions on joint and several debts of husband and wife,a daily family agency system is established,and the infringing debt is included in the joint debt of the husband and wife;the specific rules for the repayment of the joint debt of the husband and wife are clarified.The property rights registration and publicity system has the duty of proof to explain and absorb common interests standards,pay attention to the application of practical rules,and improve the property rights registration and publicity system.