The Analysis On Spouse Debts For Private Lending

With rapid development of economy,disputes involving spousal debts are more and more common while the concerned amount is increasingly large.It is imperative to balance the benefits of the creditor and debtor’s spouse,moreover,to protect the rights of the creditor as well as the couple’s rights over their property.In this thesis,the author analyzes cases,depicts the current status,proposes problems and then tries to solve the problems.Chapter One,exemplifies two cases.In case I,husband and wife together are liable for the debt while in case II,only one person shall be responsible for the debt.With these two cases,chapter One introduces juridical practices with different verdicts,which laying a foundation of for the subsequent analysis.This thesis consists of four chapters:Chapter Two,an empirical analysis of the like cases.In this part,based on an analysis of data from the grassroots court where the author serves,a try is made to figure out a general rule of the judgements.Moreover,via analyzing private debts cases involving spousal debts from nationwide courts between 2013 and 2015,the author also tries to conclude a trend of judgements over spousal common debts.Chapter Three and Four,respectively analyze spousal common debts and personal debts.Both chapters first study concerned current laws and regulations in China,and then present findings and analysis of the existing problems in juridical practices.At last,based on the theories and practices,the author includes his own suggestions into these chapters.In this thesis,true cases are analyzed mainly through the valid judgement documents on private lending cases made by a primary court during the past five years and date disclosed by a professional website involving the spousal debt cases on private lending disputes done by the courts nationally,hence the general judgement standards and reorganizations are summarized on one person’s debt involving spouse through judicial practice after a great search and analysis completed by the author.In terms of domestic related laws and regulations currently,concluded proposal comesout through the detailed analysis of suspicious and questionable parts on the judicial practice.Normally the Explanations on Marriage Law made by the High Court of People’s Republic of China hereinafter referred to as No.24,Explanations 2 on Marriage is used to compile a judgement on this type of case by the court.Most courts believes that the debts belongs to the spouse both as long as the debts occur the two are still with married relationship,and a few courts believes that the debts must be used for family and satisfied by husband and wife additionally.While the author believes there are a few defects on the Explanations.Both parties’ interests should be considered just like a few courts believe.The creditor’s interests should be protected,but not to sacrifice any of spouses through this.It is not clear enough for the court to believe that the debts belong to the spouse both just because it complies with the exception on Explanations.Actually whether it is used for family,decided by both,benefited or risked,these factors should be considered,while creditor should prove that obligations and responsibilities has been implemented for the lending.All the interest must be protected reasonably through the consideration of all factors.