Research On The Repayment Of Joint Debts Between Husband And Wif

The joint debt issue of husband and wife involves both the relationship between husband and wife status and the relationship between husband and wife’s property,and the proper resolution of this issue is more related to the interests of many parties,which shows its complexity and importance.In order to solve the new problems that have emerged in practice,China’s legislation and judicial interpretations have been striving to establish a perfect joint debt system for husband and wife,but the effect of the "patch" rule in practice is still not satisfactory.Because it has a certain space for discussion and also needs our more attention,this paper combines the discussion of scholars and draws on the legislative experience of foreign joint debts of husband and wife,and puts forward improvement suggestions from three aspects: the identification of husband and wife debts,the settlement of husband and wife debts,and the supporting measures of husband and wife debts.The text is divided into three parts: the first part outlines the basic theory of joint debt between husband and wife.Among them,the determination of the nature of joint debt of husband and wife mainly includes the theory of joint and several debt,the theory of joint debt and the theory of type distinction.Based on the views of scholars and the manifestations of joint debts of husband and wife,this paper argues that the type distinction is more reasonable.The second part is the investigation and reference of extraterritorial law,analyzing the provisions of common law countries and civil law countries on the matrimonial debt system,and summarizing the enlightenment to China with reference to the experience of France,Germany,Switzerland and other countries that are also civil law systems.The comparison shows that the extraterritorial legislative body is relatively perfect,positioning the joint debt system of husband and wife in the matrimonial property law,which is very different from China’s patch-type legislation.The rules for the identification and settlement of joint debts of husband and wife are mostly directly stipulated in the Civil Code,and the perfect daily family agency system and extraordinary property system can more appropriately assist the application of the rules for the settlement of joint debts of husband and wife.The third part is to evaluate the legislative provisions on the joint debt of husband and wife in China,and put forward specific suggestions on the current legislative situation.At present,there are three major problems to be solved in China’s joint debt system: first,the concepts in the recognition standards are not clearly defined,which affects the effect of the recognition of husband and wife debts;Second,the settlement rules are too generalized and difficult to solve the problem;Third,there is a lack of effective supporting measures.Therefore,according to the existing problems in the current matrimonial debt system,suggestions should be put forward to improve the recognition standards,settlement rules,supporting measures and other aspects.