Study On Unilateral Debt Behavior Of Couples

It is difficult for the creditor to follow the traditional burden of proof proves responsibility to identify the nature of the debt in the name of the husband or wife in the marriage relationship.Although the judicial interpretation through the presumption of law to reduce the creditor's proof difficulty,but still can not fundamentally solve the problem of identify the nature of the debt,and may lead to improper damage to the interests of non-debt spouses.In order to benefit the judicial practice,this paper analyzes the types of debt rules that should be applicable to the common debt of husband and wife as the breakthrough point,try to construct a rule to identify the nature of the debt in the name of the husband or wife in the marriage relationship and debt repayment.In addition to the introduction,the text consists of four chapters.Chapter 1: Analysis and definition of what kind of debt rules should be applied to couples common debt.This is the difficulty and innovation of this article,the part from the analysis of the law of the debt and theory,think that the common debt should be applied to the common debt rules rather than joint debt rules,reflected in the proceedings should be inherent in the necessary common litigation,and husband and wife Shall be jointly and severally liable for the joint debts of the husband and wife in the case of personal property.The second chapter,combing and examining the standard of couples common debt.This part divides the existing standards of common debt determination into two kinds,and focuses on the traditional debt recognition standards from the subjective and objective aspects of the analysis,that the traditional debt recognition rules subjective criteria should be the purpose of the debt or the reason is " For the husband and wife to live together " rather than " the two sides agreed to borrow."The third chapter,the husband and wife unilateral debt of the nature of the debt to determine the rules of sorting and review.This part focuses on the rationale of the presumption of presumption of law,and analyzes the reasons and the purpose of creation of the presumptive rules created by judicial interpretation.It is believed that the presumption has not been proved due to the defects of the creation reason.Into the purpose of creating the legitimacy of the purpose,and its construction path with the traditional rules of debt has a real consistency.The fourth chapter,redefining the debt nature and the rules of debt repayment of husband and wife unilateral debt.This part is the innovation of this article,which part of the above part of the judicial interpretation of the presumption of the provisions should be defined as fact presumption rule,and to build couples unilateral in the marriage during the existence of their own name in the name of the debt nature of the rules,Emphasizing the restraint of the free counseling activities of judges to achieve a balanced protection of the interests of creditors and non-borrowers.In the case of the construction of the reimbursement rule,the part considers that in the case where the debt of the unilateral debt of the husband and wife is recognized as a common debt between husband and wife,the husband and wife shall,in a proceeding,resolve the question of the proportion of the debt borne by the husband and wife in personal property To maintain the stability of the marriage relationship,so the judge's referee activities made some suggestions.