Research On The Common Debt System Of The Spouses In China

In recent years,the issue of joint debt recognition for couples has attracted wide attention and exploration in academic circles and judicial practice.The reason for this is that although the joint debts of husband and wife are involved in the "Marriage Law" and judicial interpretation in China,the corresponding legal provisions are not clear or the judicial interpretations are in conflict with each other.The basic theory and legislative evolution of our country's husband and wife's common debt experienced a process of continuous development and gradual improvement.In the judicial practice,there are always controversies about the criteria for determining the common debts of husband and wife and the criteria for value judgment.The reason for this controversy lies in the fact that the husband's and wife's common debt system has the following deficiencies: the definition of husband's and husband's common debt,the vagueness of presumption rules,and the allocation of evidence responsibilities is not easy to operate and the contractual property system is not perfect.With regard to the determination of joint debts of husband and wife,the legislation of France,Italy,and Germany has provided us with useful benefits in determining the scope of joint debts of husband and wife and the responsibility for repayment,the establishment of different rules for different property relations,and the specific determination of the share of the husband and wife.While learning useful experience from abroad,we should base ourselves on our national conditions and further improve our country's joint debt system.To this end,we must further clarify the scope of joint debts of the spouses,improve the standards for identifying common debts,improve the legislative system,establish the system of daily housekeeping rights,establish the system of propaganda and public disclosure of the property of spouses,improve the rules for the distribution of burden of proof,and establish a complete joint debt of spouses system.