Judicial Determination Of The Joint Debt Of Husband And Wife

With the continuous development of my country’s market economy,families play an increasingly important role in market transactions.As an important part of the legal relationship of marital property,the joint debt of husband and wife also profoundly affects the stability of the family and the security of transactions.Article1064 of the Civil Code stipulates the relevant circumstances of joint debts of husband and wife.However,given the complexity of practical issues and the lack of expressiveness of legal provisions,there are also many disputes on this issue in judicial practice.Although local courts have issued several guiding opinions,they have not been able to completely resolve this social problem.Judging from the arrangement of the judgment documents,the determination of "joint debts of husband and wife" in judicial practice lacks clear judgment principles to guide,and judges freely use their free testimony,which seriously affects the unity of the judiciary.Therefore,to enhance the predictability of the rules for the determination of "joint debts of husband and wife",the court’s judicial determination of "joint debts of husband and wife" in the judgment document should be used as a basis,and by combining the Civil Code and other legal provisions,we should sort out the "joint debt of husband and wife".The idea of a judicial determination of each determination element of “debt”.According to Article 1064 of the Civil Code,the rules for determining "joint debts of husband and wife" can be divided into joint debts with liabilities of both parties and joint liabilities of one party.The former emphasizes that the essence of a husband and wife’s joint debt lies in the husband’s agreement,and it is determined by two aspects: the expression of the husband and wife’s common will and the needs of the family’s daily life;the latter emphasizes whether a spouse’s external debt should be implicated in the family,and requires the non-debt party to bear the same repayment.Obligations,the core of the problem of joint debt between husband and wife is how to balance the reliance interests of the non-debt party and the creditor.By combining legislative norms and judicial practice,the research is carried out from a typological perspective,focusing on the practical differences in the determination of joint debt between husband and wife,and discussing them one by one according to the three types clearly defined in legislation.Regarding the judicial determination of "joint debt and joint signing",it mainly focuses on two specific situations: "the uninvoked party signs as a guarantor" and "the loan are remitted to the account of the uninsured party".”,it should be based on the principle of autonomy of will,and it should be determined not to be a joint debt of husband and wife according to the identity of the signatory;about the situation of“remittance of the loan to the account of the uncredited party”,it should be prohibited to arbitrarily expand the scope of expression of will,when the uncredited party is aware of and reasonable Remaining silent within the time limit or making an act of helping the loan to be realized afterward can be regarded as a joint debt of the husband and wife.Regarding the judicial determination of "family needs in daily life",there are mainly two factors to consider in the existing judicial practice: the amount of the loan and the purpose of the loan.As for the "loan amount",it can be used as a priority factor,but it is forbidden to "one size fits all" based on the amount of the loan.Whether it is a debt for the family’s daily needs also needs to be combined with the specific income,spending power,subjective attitude of the couple,and whether it is objectively conducive to family life.The nature of the loan should be judged according to the actual use of the loan,and the creditor only needs to bear the initial burden of proof to balance the interests of the non-creditor and the creditor.Regarding the judicial determination of "joint production and operation",it mainly focuses on two types of business entities: "company operation" and "individual industrial and commercial household operation".In the case of "company operation",the court should consider whether the husband and wife are controlling shareholders.Both parties are controlling shareholders and can be preliminarily identified as joint production and operation.However,if the company has other shareholders,it is necessary to further investigate whether the non-debt party participates in the operation and other comprehensive judgments;for the case of "individual industrial and commercial household operation",the industrial and commercial registration Identity information is only a presumption that there is no direct evidence to prove the actual existence of joint production and operation,and the specific business behavior of the operator should be used as the basis for judging the actual operator.