A Study On The Legal System Of Couple's Joint Debts

The couple's joint debt is an important issue and its judicial interpretations,with attributes on both identity and property.The issue of couple's joint debts has long been the focus of attention and discussion in theory and practice.Due to the imperfection of the Marriage Law in our country,the legal provisions on the couple's joint debts are oversimplified,resulting in no operability.To compensate for the inadequacy of legislation,the Supreme People's Court has successively formulated a series of judicial interpretations concerning the joint debt determination of spouses,which presumed rules of couple's joint debts,to provide procedural norms for courts to deal with cases involving joint debt disputes between husband and wife.However,dissatisfaction is aroused among people on account of the partiality for value selections in the judicial interpretations.This paper begins with the regulations concerning our country's legislation and judicial practice on the couple's joint debts,and analyzes the domestic and foreign institutions and research status concerning the couple's joint debts,and concludes that our country's basic definition on the couple's joint debts is partially wrong.It can be seen from the legal provisions that China equates joint-family debt to joint and several liabilities,therefore confusing the concept of joint debt and joint liability.The couple's joint debt is an important part of couple's joint property,and it belongs to the negative property.The couple's joint debt is firstly the debt of couple's joint property.In judicial practice,it can also be determined in accordance with the co-institutional debt-sharing rules and the husband's and wife's daily family agency rules,couple's necessary common life rules.This article firstly analyzes the nature of the joint debt between husband and wife.The paper demonstrated the problems in the current rules in determining joint debts of spouses in China,and made suggestions to improve the couple's joint debt system,from the perspective of couple's joint property system.It is considered that the determination of couple's joint debts should not be based on the rule of time estimation,and that the co-institutional debt-sharing rules and the husband's and wife's daily family agency rules,couple's necessary common life rules should be perfected.Besides,the legislation should define the scope of daily household agency and debt limit.