The Criteria For Determining The Joint Debt Of Spouses

Sharing debts is an important part of marital property system.It has both the status law attributes and the property law attributes,which worth intensive study.The development of economy is accompanied by the occurrence of dishonest behavior.There’s a lot of concern about how to identify a couple’s joint debt.In this paper,the legal provisions are sorted out.It summarizes the content of marriage and divides it into different fields.This paper puts forward the dualistic standard of determining the joint debt of husband and wife according to the degree of respect for the personal meaning of the law,and expounds in detail the concrete application way of the above standard.It is divided into five chapters.A case in the first chapter reveals the topic of identify joint debts.The second chapter tells the history of laws on joint debts and introduces the methods of judges.The third part introduces the academic theory and theoretical basis of joint debts.And points out that the update rule has turned to identify joint debts by seeing whether it is for family use.The fourth part puts forward that common intention and maintenance obligation should be regarded as the duality standard of joint debt between husband and wife.The common intention standard is based on respect for autonomy of will.The standard of maintenance obligation is the necessary requirement for the function of marriage to protect the weak.In addition to the daily needs of the family,the husband and wife should deal with family matters by consensus.Based on the consideration of maintaining marital property to ensure the function of matrimonial maintenance,in the case of community property system of husband and wife,the debt caused by community property is still the joint debt of husband and wife.The last part summarizes the full text and reiterates the scope of the couple’s joint debt.This part points out the deficiency and faultiness of this paper as well.