Research On The Rules Of Joint Debt Repayment Of Husband And Wife From The Perspective Of "Civil Code"

The theoretical research on the husband and wife’s joint debt repayment rules has been further developed and more refined than before.However,there are still problems such as confusion in application and "different judgments for the same case" in trial practice.The hidden reason behind this is that different choices are made for the value of different interests.Therefore,it is necessary to establish a complete husband and wife joint debt settlement rules,which can not only balance the interests of the creditor and the husband and wife,but also provide a clear and uniform applicable standard for trial practice,and at the same time convey the concept of fairness and justice to the society.When formulating the rules for the settlement of joint debts of husband and wife,the type of joint debt of husband and wife stipulated in Article 1064 of the Civil Code shall be used as the basis to determine the nature of the debt to which they belong,that is,the debt of the "common expression type" is a joint and several debt,and the "common interest" debt is a joint and several debt."Type" debt is a joint debt,and from this,the settlement rules in different situations are established.First of all,the scope of the liability property of the "common expression type" debt is all the property of both husband and wife;the scope of the liability property of the "common interest type" debt should be limited,that is,it only includes the joint property of the husband and wife and the personal property of the debtor.Does not include the personal property of the debtor’s spouse.Secondly,in the order of repayment,regardless of the "common intention" debt or the "common interest" debt,the joint property of the husband and wife will be prioritized for repayment,but when the joint debt and the individual debt coexist,the "double priority" will be followed.The principle is to pay off separately.Only when both kinds of debts have been paid off and there is remaining property,can the remaining property be used to pay off the other debt.Finally,after the repayment is completed,if the share borne by one of the husband and wife exceeds the share determined by the internal agreement,the divorce agreement or the judgment document of the people’s court,then it has the right of recourse against the other party,but the statute of limitations for the right of recourse is not The reckoning starts immediately,but after the end of the marriage.