Research On The Attribution Determination Of The Tort Debt Of One Spouse In Judicial Practice

The determination of the attribution of the infringing debts of one spouse,that is,during the duration of the relationship between the spouses,the debts based on the damages caused by the infringement of the spouse against a third party should be determined as the personal debts of the infringing party or both parties Common debt.The determination of the attribution of the infringement debt of one spouse is directly related to the damage compensation of the infringement victim and the protection of the interest of the infringer's spouse,and its research is necessary and important in practical significance.In addition to the introduction and conclusion,this article is divided into four parts.In the first part,this article selected five similar cases,some of which were identified as the personal debt of the infringer,and some were identified as the joint debt of the husband and wife.Analyze its improprieties,and put forward the problem of inconsistent identification in the judicial practice of identifying the attribution of a spouse's infringement debt.In the second part,this article analyzes the different identification problems in the judicial practice of the attribution of the infringement debts of one spouse proposed in the previous part,in order to explore the reasons for its occurrence.First of all,this article sorts out the different judgment viewpoints in the judicial practice of determining the attribution of a spouse's infringement debt,and finds that it can be roughly divided into three categories.The first category believes that the infringing debts of one spouse should be regarded as the personal debts of the infringer.The second category believes that the debts infringed by one of the spouses should be regarded as joint debts of the spouses.The third category believes that the attribution of the infringing debts of one spouse should be analyzed in specific circumstances.If certain standards are met,it is determined as a joint debt of the spouse,and if not,it is determined as the infringer's personal debt.Then,this article sorts out and analyzes the legal basis and reasons for these three types of adjudication viewpoints,and finds that there are three main reasons for the identification of the attribution of a spouse's infringement debt in judicial practice.One is the divergence of judgment thinking in judicial practice.Second,the identification standards are not clear.The third is the lack of the rules for determining the attribution of infringing debts under the rules for determining the joint debt of husband and wife.In the third part,this article systematically sorts out and analyzes the rules for determining the attribution of a spouse's infringing debts in German law,French law,American law,Portuguese law,Spanish law and other extraterritorial laws,and derives two points from it.The enlightenment is that the position that meets certain standards is regarded as a joint debt of the husband and wife,and if it is not met,it is regarded as the infringer's personal debt.The position can take into account the balance of interests and is more worthy of adoption.Second,the subjective status of the infringer should be considered as a factor in determining the attribution of a spouse's infringement debt.From these two points of enlightenment,it can provide a reference for the construction of the rules for determining the attribution of a spouse's infringement debt.In the fourth part,this article focuses on the three reasons for the identification of the infringement debts of one spouse in the judicial practice analyzed in the second part,and absorbs useful ideas and practices in extraterritorial law to treat the infringement debts of the spouse in judicial practice.Provide suggestions on the improvement of different issues of attribution.From the basic idea,it takes into account the balance of interests between the victim and the spouse of the infringer,and at the same time it is in line with the spirit of the Civil Code.In terms of specific practices,a unified identification standard is clearly established.Objectively based on the common interests of the husband and wife as the standard,and subjectively based on whether the infringer was deliberate or negligent,the rules for determining the attribution of the infringing debts of one spouse are constructed.Contribute to the improvement of the "Marriage and Family Edition" of the "Civil Code".