Research On The Determination Rules Of Foreign Infringement Debts By One Husband And Wife

Article 1064 of the civil code provides for the recognition rules of husband and wife’s joint debt,but there are many types of cases involving husband and wife’s debt in judicial practice.This provision alone can not meet the needs of real life.For example,the lack of recognition rules for the debt of one husband and wife’s external infringement makes this kind of debt prone to different judgments in the same case in judicial practice,and the interests of creditors,debtors and non infringing spouses cannot be effectively balanced.Such cases still face many recognition problems to be solved urgently.Therefore,the study of this issue is of necessity and practical significance.It can not only maintain family stability and realize the equality of husband and wife,but also help to maintain judicial authority and realize fairness and justice.Through the study of the cases related to the external tort debt of one husband and wife,we find the identification disputes in the current judicial practice,and analyze the reasons for the disputes,so as to make the identification rules and suggestions in line with the actual needs,in order to reduce the disputes in practice.This paper consists of six parts,including introduction and conclusion.The main contents are as follows:The introduction mainly expounds the source of the topic selection,research significance,relevant research status at home and abroad on this issue,as well as the research methods used in the paper.The first chapter is the current situation and analysis of the judicial determination of the debt of foreign infringement by one husband and wife.By comparing the identification standards and judgment results in relevant cases,this paper analyzes the problems in different judgments,and finds out the focus of controversy in the trial of such cases.The second chapter is the basic theory of the recognition rules of the debt of one husband and wife’s external infringement.In this part,it mainly discusses the characteristics of this special tort debt and the relationship between the husband and wife property system and debt identification,and defines the concept of the husband and wife’s external tort debt,which means that during the duration of the marriage relationship,one of the husband and wife infringes on the legitimate rights and interests of the third party intentionally or negligently,violates the relevant provisions of the law,resulting in the damage to the legitimate rights and interests of the third party,so it needs to bear the debt of damage compensation,At the same time,it is concluded that the property system between husband and wife is different,and the recognition rules of husband and wife debt are also different.The third chapter is the analysis of the reasons for the dispute over the determination of the debt of foreign infringement by one husband and wife.Firstly,by combing and analyzing the relevant rules for the identification of the external tort debt of one husband and wife,it is considered that the current legal provisions are imperfect in the interest protection mechanism of the non infringing party,insufficient connection with the tort liability,and imperfect rules for the presumption of personal debt,that is,there is a lack of clear provisions on the identification of this tort debt.Secondly,based on the analysis of relevant cases,it is concluded that there are other reasons for disputes,including confusion of identification standards Unreasonable distribution of burden of proof,unclear application of law,etc.The fourth chapter is the suggestion for perfection of the rules for determining the debt of one spouse’s external tortious debt.Firstly,it discusses the principle of identifying this kind of special tort debt;secondly,it is proposed that when certain conditions are met,the inversion of the burden of proof can be applied to clarify the burden of proof of the creditor,the debtor and the non-infringing party,and to allocate the burden of proof reasonably,in order to maximize the extent of the burden of proof.protect the legitimate interests of all parties;finally,referring to the identification rules in Article 1064 of the Civil Code,after a comprehensive analysis,it is proposed that the identification rules of a spouse’s external tort debt should be: in principle,it should be identified as a husband and wife’s personal debt,in exceptional cases identified as a joint debt of husband and wife.The conclusion summarizes the full text.The identification of the external tort debt of one husband and wife involves the contents of marriage and family and tort liability.Based on this,we should pay more attention to the research on this issue and improve the relevant identification rules to balance the interests of all parties.