Research On Legal Issues Concerning Repayment Of Joint Debts Of Spouse

The Civil Code has further improved the rules for the determination of the joint debts of the couple on the basis of the Interpretation of the Relevant Issues of the Applicable Law in the Trial of Cases Involving the Debts of the Couple,but has not made major improvements in the rules for the settlement of the joint debts.Therefore,in order to solve the increasingly complex problem of the settlement of the joint debts of the couple,it is necessary to carry out in-depth research on it.Based on the entry points of Articles 1064 and 1089 of the Civil Code,combined with relevant judicial cases and theoretical studies,the article analyzes the problems existing in the current rules of joint debt settlement of husband and wife in China and puts forward suggestions for improvement.At present,there is a problem of confusion in the application of the joint and several debt settlement rules in China.In practice,the joint and several debt settlement rules and the joint debt settlement rules are often mixed,which is very easy to cause the imbalance of interests between the non-debtor and the creditor.In the first part of the article,according to the theory of intention and the theory of debt use,the common debt of husband and wife is divided into three types.The second part puts forward the problems existing in the settlement of the couple’s joint debts and analyzes the causes.The phenomenon that the settlement rules of the couple’s joint debts are chaotic is mainly caused by the unclear nature of the joint debts,the failure to analyze the causes of the joint debts and the ambiguity of the provisions of Article 1089 of the Civil Code.The third part analyzes the premise of the application of the joint debt settlement rule of husband and wife,and proposes that the applicable premise is the theory of type differentiation.In the fourth part,according to the application premise of the causes and types of confusion in the application of the husband and wife’s joint debt settlement rules,it is determined that the settlement rules of the husband and wife’s joint debt should be classified,the joint and several debt settlement rules should be applied to the debts of the joint agreement and the family agency,and the joint and several debt settlement rules should be applied to the debts of the common interest.