Research On Joint Debt Between Spouses For Family Daily Life Needs

Joint debt disputes between spouses have always been a complex type of case in the judicial practice field.With the economy of our country develop constantly,civil transaction activities are becoming increasingly frequent,and the number of such cases is also increasing year by year.For a long time,due to the ambiguity of legal norms and differences in the understanding of relevant provisions by judicial organs,there has been a phenomenon of "different judgments for the same case" in judicial practice.The promulgation of the Civil Code has unified the previously chaotic legal basis and established the daily household agency system for the first time,recognizing the debt borne by one spouse for the daily life of the family as a joint debt of the couple,which has progressive significance.However,through case studies,it was found that the new provisions of the Civil Code have raised some controversial issues regarding their application.The current legislation does not provide a clear definition of the scope of "daily life needs of families".Although scholars have provided various explanations from different perspectives through summary or enumeration,there is still a one-sided trial tendency in practice to use the amount of debt as a single determination standard,which leads to significant differences in the determination results of certain debts in individual cases.At the same time,based on different understandings of the conditions for exercising the power of family agency,there is no consensus among judicial organs at all levels on whether there are exceptional circumstances for the joint debt of spouses caused by the daily needs of the family.Especially,there is controversy over the nature of the debt claimed by one party during the long-term separation period before divorce,which is the burden of daily family life.In addition,the daily needs of the family involve the interests of creditors,debtors,and debtors’ spouses,and the distribution of burden of proof has become a core concern of the parties involved.The proper resolution of marital debt disputes is related to the effective protection of the legitimate interests of the parties involved.The issue of determining the joint debt of spouses caused by the daily needs of the family urgently needs to be studied.Taking this as an opportunity,after collecting and organizing relevant cases,this article selects three cases of marital debt disputes caused by the daily needs of the family,extracts three controversial focus issues from them,and conducts legal analysis on them.Combining theory with judicial practice,this article conducts in-depth research on the determination of marital debt due to the daily needs of the family,and draws the conclusions.This article consists of the following parts:The first part elaborates on the research background,significance,current research status,research methods and innovation and deficiency of this article.The second part briefly introduces the specific situations of the three cases selected in this article,analyzes and compares the trial results of courts at all levels of the case,and focuses on the determination of recognition standards,consideration of exceptions,and allocation of burden of proof for the joint debt of spouses caused by daily family life needs.The third part focuses on the legal analysis of the above issues.Firstly,based on grasping the key points of determining the needs of family daily life,the impact of debt amount on the determination of debt nature is analyzed,distinguishing between "family daily life" and "husband and wife living together".Secondly,starting from the basis of determining this type of joint debt,analyze the impact of long-term separation on the determination of the nature of marital joint debt,in order to consider exceptions to debt determination.Finally,the allocation rules for the burden of proof are determined after exploring the implicit value choices in legal presumption norms.On the basis of the aforementioned legal analysis.The fourth part draws the conclusion of the case study.Firstly,in determining the determination criteria,it should adhere to the examination of the actual use of the debt as the basis,and use the amount of the debt as a reference.Secondly,when determining the nature of disputed debts,full consideration should be given to the exceptional circumstances in the individual case,especially the unilateral debts incurred by the couple during the long-term separation period before divorce cannot be directly classified as joint debts generated by the family’s daily life needs.Finally,in terms of the allocation of burden of proof,creditors only need to bear the burden of proof of the basic facts.If the debtor or their spouse believes that the debt does not belong to the joint debt of the couple,they should provide evidence to prove that the disputed debt does not belong to the daily needs of the family.