Determination Of Joint Debts Of Husband And Wife In Private Loan Dispute

In recent years,the number of private lending disputes has continued to grow rapidly.In such cases,whether the debt involved belongs to the joint debt of the husband and wife has become the focus of dispute.The correct identification of the nature of the debt of the husband and wife involves the protection of the interests of creditors,and also involves the balance of the interests of the husband and wife parties.Article 1064 of the Civil Code clarifies the identification criteria for joint debts of husband and wife,but the provisions are more principled.There are some problems in judicial application,such as unclear standards for joint production and management,unclear ownership of debts during the separation of husband and wife,lack of publicity system of marital agreed property system,unclear definition of scope of daily family affairs,and unreasonable distribution of burden of proof.It is difficult to accurately guide the complicated marital debt problem in judicial practice,which leads to the different judgment of different cases in judicial adjudication,which damages judicial justice and authority.Based on this,this paper,guided by the problems reflected in the typical cases of private loan disputes,summarizes the legislative status of the marital debt issue in our country,by analyzing the problems existing in judicial practice,This paper puts forward some suggestions on refining the identification standard of joint production and management,clarifying the debt ownership problem during the separation of husband and wife,constructing the publicity system of the marital agreed property system,improving the family matter agency system,and reasonably distributing the burden of proof,so as to provide useful reference for the improvement of the identification rules of the couple’s joint debt.