Recognition And Settlement Of Joint Debt Between Husband And Wife

Article 1064 of the Civil Code adopts the identification criteria of the judicial interpretation of 2018,classifies the joint debts of spouses according to different types,and stipulates that the joint debts of spouses should be repaid jointly,which provides a clearer and more accurate guide for judicial practice.This article collects and analyzes relevant cases on the China Judgment Document Network,and finds that the recognition standards and repayment rules for joint debts between spouses in judicial practice are unclear and lack uniformity.Although the Civil Code has integrated and improved the rules for determining joint debts between spouses,there are still cases of alienation in the determination of marital agreement,inconsistent interpretations of family daily life,and mixed use of determination rules.At the same time,in judicial practice,there is no consensus among courts in various regions on the rules of settlement and the scope of liability property.The recognition rules for joint debts between spouses can be distinguished according to the classification rules,and "consensual" joint debts between spouses can be divided into debt type consensual and authorized consensual;The joint debt between husband and wife arising from daily household chores can be defined from the purpose and amount standards,as well as the basic scope of daily household chores;The joint debt of spouses arising from living together is recognized based on the principle of shared interests,and a more accurate distinction is made between family interests and living together;The joint debt of spouses arising from joint production and operation is recognized based on joint participation and can be further discussed based on the existence or absence of organizational forms.As for the settlement rules,from the perspective of type differentiation,the debate arising from the settlement rules of joint debts between spouses belongs to the issue of value judgment in civil law.The viewpoints of the academic community can be roughly divided into three theories,namely the theory of type differentiation,the theory of joint and several debts,and the theory of joint debts.They basically cover the reasons for judgment in cases of joint debts between spouses,and are extended to some extent.This article will analyze each theory one by one.This article negates the theory of type differentiation,sublates the theory of joint and several debts,affirms the theory of joint and several debts,and considers simplifying legal relationships and improving repayment efficiency.It is believed that appropriate rules for the repayment of joint debts between spouses should first be based on the joint property of the spouses,and the debtor should bear the shortfall.If the non debtor exceeds the debt burden,they may seek compensation from the debtor upon the termination of their marital relationship.