Research On The Identification And Repayment Of Joint Debts Of Husband And Wif

The earliest legal provisions on the issue of couple’s common debt in the original "marriage Law",with the continuous development of society,the couple’s common debt has appeared more and more problems in judicial practice,the original provisions of "Marriage Law" can not meet the realistic demand,the Supreme People’s Court through the way of judicial interpretation to make up for the lack of legislation to guide practice.With the introduction of the Civil Code,the joint debt of husband and wife has been clarified.Article 1,064 stipulates how to identify the joint debt of husband and wife,and improves the relevant identification standards and rules.However,the Civil Code promulgated later inherited the relevant provisions of the original Marriage Law in terms of the repayment of joint debts between husband and wife,and the essence of the identification of joint debts between husband and wife is still not resolved,which is still a hot topic in the theoretical and practical circles.Based on the judicial practice of our country,this paper takes the current research results as the starting point to analyze the problems existing in the marital common debt system and give effective suggestions for improvement.In the first part of this paper,the related cases lead to the controversial issue,that is,the identification standard of marital joint debt is not clear,which leads to the judicial practice confusion;The second part expounds the basic concept and characteristics of marital joint debt by introducing related scholars.At the same time,according to the identification criteria of the husband and wife’s joint debt analysis,taking the debt generation time,specific debt type as different classification criteria for the identification of the husband and wife’s joint debt more in-depth research and more detailed analysis;The third part summarizes the relevant rules of the joint debt repayment of husband and wife,and makes clear the order of repayment.The fourth part,through the analysis of the above problems,summarizes and puts forward the relevant suggestions to improve the marital debt.