The Defects And Perfection Of The Rules Of Common Debt Recognition

Couples common debt is a very important aspect of the relationship between husband and wife property.With the continuous development of social economy,the participation of couples for economic activities has been increasing,and the transaction of civil transactions has become more and more frequent.In addition to daily life,because of the production,operation,investment and consumption behavior and external debt phenomenon is very common,which also led to a couple of common debt and other issues identified.China’s current legislation on the common debt of the provisions of the more common,poor practice in practice,husband and wife common debt is always a problem,combined with existing legislation,in-depth analysis and discussion of husband and wife common debt problem is of great practical significance.This article is divided into four chapters,select the eight typical cases at all levels of the trial organs as a starting point,a comprehensive analysis of the nature of husband and wife joint debt,characteristics and the existing common husband and wife debt determination rules;based on the disclosure of common debt The rules are not unified,the judicial practice in the decision based on the choice of the standard is not clear,the parties to the litigation in the distribution of the burden of proof and other deficiencies and deficiencies,the husband and wife to determine the common debt determination rules;try to build a daily family agency system,Review and the necessary notification system and the husband and wife agreed property publicity system,the husband and wife property relief system and so on for the existing husband and wife of the common debt recognition rules to improve the rationalization of the proposed recommendations.