Research On The Joint Debt Rules Of Husband And Wife From The Perspective Of Interest Balance

The rules of joint debt between husband and wife have experienced confusion in the legislation,different opinions in theoretical research,and inconsistent judgment standards in judicial practice.The complex phenomenon is caused by different value orientations for multiple interests.Under the guidance of the rule of law with Chinese characteristics in the new era,the realization of social fairness and justice is the noble guide leading the operation of various legal activities.In this context,the balance and protection of the interests of all parties in the husband and wife debt relationship should be the primary focus of understanding and improving the rules on joint debt between husband and wife.From a macro perspective,by understanding the evolution process of my country’s husband and wife joint debt rules,and through the constant changes in the value foundation and legislative purposes behind it,accurately positioning the value orientation and development direction of the husband and wife joint debt rules in the new era.There is an inevitable conflict of interest between the creditor and the personal interests of the husband and wife.How to balance the interest game between the two is a major issue to be broken through in the rules of joint debt between husband and wife.From a micro level,under the existing couple debt rules,distinguish three types of common debt between couples with different liability bases,accurately grasp the nature of the debt,and match the most reasonable debt liability plan for the couple,and strive to realize the interests of all parties in the case.balance.The article is mainly divided into five parts for discussion,as follows:The first part first clarifies the past and present of our country’s husband and wife common debt rules and the change process of interest orientation,and then clarifies the deficiencies of the current legal rules.Before the "Civil Code" was promulgated,the rules on joint debt between husbands and wives in my country experienced a complicated process from "purpose theory" to "time theory" and then to judicial application chaos.Chaos.The arrival of the "Civil Code" era in 2021 has strengthened the legislative support of the diversified husband and wife’s common debt rule and gave it new era connotations,but it still failed to solve the dilemma of lack of detailed standards and lack of repayment rules.The second part starts value research from the macro level.First,deconstruct the triangular structure of intersecting interests in the joint debt relationship between husband and wife,and clarify the conflict of interests with the creditor and the spouse as the core.Then trace the multi-value network behind the marital joint debt system based on marriage protection,autonomy of will,and transaction security,and clarify the direction of development.The third part classifies the joint debts of husband and wife according to the difference of liability basis,and explores the connotation and characteristics of joint debts of different husband and wife.Commonly agreed debts can be divided into debt agreed debts and authorized agreed debts according to different degrees of agreement.The "common debt and co-signing rules" are reasonable and legitimate;daily family debts are based on legal family agency rights and are applicable to any Marital property system;unilaterally presumed debt is based on the husband and wife’s equal right to manage joint property,and is only applicable to husband and wife with joint property.The fourth part balances the attribution interests of the debts of all parties by clarifying the criteria for determining the joint debts of different types of husband and wife.Provide referees with diversified identification standards,make comprehensive judgments based on individual case factors,and flexibly allocate the burden of proof under the premise of respecting the principle,and grasp the standards of proof.The fifth part explores the diversified path of joint debt liability of husband and wife under the perspective of interest balance.Firstly,an empirical analysis method is adopted to expose the problem of interest imbalance in the current debt obligations of husband and wife.The reasons are not only the lack of operability of legislation,but also the misunderstanding of debt nature and debt liability.The "two-step approach" can be used to first clarify the external repayment responsibilities on the basis of responsibility,and then conduct internal recovery based on the actual situation of both spouses.Through different internal and external husband and wife sharing debt responsibilities,in order to achieve the best balance of multi-party interests.