Research On The Rules For Determining Joint Debts Of Husband And Wife From The Perspective Of The Civil Code

The controversy over the determination of the joint debt of husband and wife has been delayed for a long time.The complexity lies in whether the debts formed unilaterally by the husband and wife can be borne by both husband and wife,which is similar to other socio-economic groups based on the characteristics of the husband and wife living together.In comparison,in a husband and wife group,each member's investment in the group is an all-round investment and is irreplaceable.Therefore,whether the debts caused by the individual behavior of the husband and wife can be borne by the husband and wife group has a certain degree of complexity.The two parties and the creditors often form a tripartite interest relationship,which is mainly reflected in the non-creditor and the creditor.Whether the debts formed by the husband and the creditor belong to the joint debt of the husband and wife is the key to the game of interests of both parties.Since the founding of New China,The distinction between husband and wife's joint debts and personal debts and the determination standards are also constantly changing.In the "Marriage Law" before 1980,the debts caused by husbands and wives living together belonged to the joint debts of husband and wife.The "Marriage Law" promulgated in 2003 was "Marriage Law".Article 24"The judicial interpretation presumes that the debts incurred by one spouse during the duration of the marriage relationship shall be the joint debts of the spouse.The latest implementation of the "Civil Code" has changed the determination of the debts of the spouse from the previous purpose and consensus to the family agency.Power system.In terms of extraterritorial legal provisions,the "Japanese Civil Code" classifies the debts incurred by one spouse due to the daily needs of the spouse as a joint debt of the spouse.The "French Civil Code" stipulates that the joint debt of the spouse should include the spouse's daily family needs or the training and education of the children.For debts incurred,the "Swiss Civil Code" first classifies the debts incurred by the family agency as a joint debt of the husband and wife.In addition,if the joint property of the husband and wife is used as the principal or the income of a company,enterprise or other for-profit organization If it is included in the joint property of the husband and wife,the debts arising therefrom are joint debts of the husband and wife.The German Civil Code stipulates that the debts of the joint property shall include the debts and litigation costs incurred by one of the spouses in the case of obtaining the consent of the spouse or for the interests of the joint property of the husband and wife.,Under special circumstances,debts caused by retention or special property,debts incurred by the party managing the joint property of the husband and wife or caused by the consent of the party.At present,under the background of the promulgation and implementation of my country's Civil Code,there are still certain difficulties and imperfections in the rules for determining the joint debt of husband and wife.In addition,compared with the divorced state,litigation disputes over joint debt between husband and wife are more likely to cause damage to the interests of non-creditors when they occur within marriage.Therefore,based on the current legal framework,a distribution system of burden of proof with family agency rights as the hub should be established at this stage,and a compensation system for the joint property of the husband and wife should be established.In addition,the interpretation of the consensual agreement of the husband and wife should be interpreted in a limited way.If the separate property system is applied during the period of existence,it shall be notarized.