A Legal Study On The Identification Of Joint Production And Operation Of Husband And Wife

At present,the production and operation activities of spouses are gradually increasing,and “joint production and operation” has become an independent concept.Article 1062 of China’s Civil Code and Article 1064 of China’s Civil Code provide for the joint property of husband and wife and for the joint debts of husband and wife in business both involve “production and operation”,but the current legal documents do not have specific provisions on the identification of “production and operation”.The theoretical and practical circles have different views on the identification of “joint husband and wife production and operation”.In this paper,we discuss and study the recognition of joint husband and wife production and operation from the perspective of individual rights protection and interest balance protection.The 1st chapter introduces the necessity of recognizing “joint production and operation” and the current status of relevant legislation and judiciary.First of all,this chapter discusses the balance of interests between the community of spouses and individual spouses on the recognition of joint production and operation in spousal property and spousal debt,and the problem that the current rules of marriage and family law and property law are not organically connected,and argues that it is necessary to recognize joint production and operation of spouses.Secondly,this part introduces the current status of the relevant legislation on the one hand,and analyzes the relevant cases obtained through the legal search of the Yuandian Wisdom Database platform on the other hand,and summarizes the current judicial application of “joint production and operation” in China’s judicial practice.Chapter 2 focuses on the theory of spousal group construction in the Civil Code.This part firstly discusses the factors of spousal group structure: protection of individual rights and balance of interests;secondly,by discussing the shortcomings of the traditional theory of spousal group structure,a new theory of spousal group structure is proposed;finally,the new theory of spousal group structure,as a chapter and regulation of spousal community relationship in the civil law system,provides a theoretical basis for the recognition of “joint production and operation” in the Civil Code.Finally,the new theory of community of spouses provides a theoretical basis for the recognition of “joint production and operation” in the Civil Code.Chapter 3 analyzes the theoretical arguments that arise in the recognition of joint production and operation of husband and wife.Based on the new spousal group structure,this part discusses the fruit in the spousal property system from the perspective of judicial practice and academic debates on production and operation under the spousal property system,and the differences in the determination of“commonness” and “production and operation” in the context of spousal joint debt.In this chapter,we discuss the application of the theories of joint production and operation in the context of the original property theory and the theory of conjugal cooperation,and the application of the theories of conjugal consent,joint participation and joint interest in the context of conjugal joint debt,and then explore the theoretical basis for the identification of spousal joint production and operation.Chapter 4 discusses the path of recognizing joint production and operation in the field of matrimonial property system and matrimonial joint debt: firstly,it analyzes the typology of joint production and operation,and considers that joint production and operation can be divided into: joint consensual production and operation and family interest production and operation.Second,in terms of specific regulation,the determination of production and operation in the matrimonial property system should be based on the cooperation of spouses: the distinguishability of joint production and operation in the context of joint matrimonial debt should apply different rules according to the different forms of production and operation.