Research On The Rules For Cognizance Of Marital Debt

As an important part of my country’s marital property system,the joint debt system of husband and wife has both the attributes of property law and identity law.Article 1064 of the Civil Code fully absorbs the rules for determining joint debts of husband and wife established by the Interpretation of the Supreme People’s Court on Issues Concerning the Application of Law in the Trial of Cases Involving Debt Disputes Between Husband and Wife.There are three ways to determine the joint debt of husband and wife: First,the debt borne by husband and wife is a joint debt of husband and wife,which is divided into two types: debt-type agreement and authorization-type agreement.Debt-type agreement includes joint signature and post-event ratification,and authorization-type agreement is the expression of common intentions certified by creditors;second,debts based on daily family agency;third,husband and wife joint debts based on the goodwill of creditors,including debts for husband and wife to live together,joint production and operation.The detailed identification rules draw a clearer line between husband and wife’s joint debt and personal debt.However,in judicial practice,the causes of husband and wife debts are complex and diverse,and the application of mechanisms and differences in understanding of the rules lead to deviations in value maintenance and excessive protection of creditors,many of whom are malicious creditors.Marriage and family are the basic components of human society and the foundation of social development and progress.The value of marriage and family should take precedence over economic factors,and should reflect the legal protection of the value concept of mutual assistance and mutual support in marriage.How to balance the interests of creditors,debtors and the debtor’s spouse is not only the maintenance of transaction security,but also the protection of marriage and family,the avoidance of marriage risks and the normative guidance of marriage ethics.This article intends to start from the Marriage and Family Chapter of the Civil Code,and take the rules for the determination of joint debts of husband and wife as the research object to analyze the problems existing in judicial practice and put forward relevant suggestions.It is believed that consensual joint debts should be jointly responsible for repayment,consensual agreements should be explained to a limited extent,and the autonomy of the will of the husband and wife should be respected.Whether silence can be expressed as an expression of intention should be carefully applied in accordance with legal provisions.The debts of the daily family agency should be limited to the necessary expenses for family life,including education and raising minor children,family medical expenses and other daily family necessities,and should be comprehensively determined in light of the family’s economic conditions and daily consumption conditions.Matters such as real estate transactions,large-value movable property consumption expenditures,investment and wealth management should not be recognized as debts of daily household agency.The debts of husband and wife living together should meet the needs of family life,and the use of debts should be in the common interests of the family.The debt of joint production and operation emphasizes the joint participation of husband and wife,"joint" emphasizes that the business behavior is based on common intention,and "joint management" emphasizes that the husband and wife jointly conduct business management activities,and consider the actual use of the debt raised for production and operation.Clarify the standards for determining debts in special periods of marital relationship.Combining legal theory with real life,it expounds the legal application of husband and wife debt,safeguards the common interests of the family,and balances the protection of creditor interests and the maintenance of traditional values of marriage and family.