A Study On The Cognizance Of "The Needs Of Daily Life" Of The Joint Debt Of Husband And Wife

The fast-paced development of the moden economy has broken the traditional family business model of noutside of the man and the inside of the woman," and the husband and wife have taken part in various economic activities more and more frequently during the survival of the marriage relationship.The phenomenon of external debt in the name of individuals is becoming more common,and the problems that arise at the same time are obvious.From the content of the current legislation,we can see that there are some deficiencies in the standard problems concerning the cases involving the joint debt dispute between husband and wife,which brings about the difficult problems in the operation of judicial practice.Mainly include the provisions of the daily family agency system is not perfect,the scope and amount of daily life needs beyond difficult to define.<Marriage·Law In the judicial inierpretalion(2).”the duration of marriage,is used as the presumption rule for determining the joint debt of husband and wife,which prevents the phenomenon of"false divorce and true evasion of debt" frequently occurring.However,with the complexity of civil legal relations,the standard seriously damages the legitimate rights and interests of non-debtors and is not conducive to balancing conflicts of interest between the parties.The Supreme Court issued an "interpretation of the applicable Law on cases involving marital debt disputes1'(hereinafter referred to as the judicial interpretation of cases involving marital debt disputes).The concurrence of the husband and wife and the debt required for daily life are used as the criteria for determining the joint debt of the husband and wife.The daily life needs to have the subject specificity,the purpose certainty and the day-to-day family affairs relevance characteristic,in the judicial trial,"the daily life needs”as the determination husband and wife joint debt the applicable standard.There are problems in the scope and amount beyond which it is difficult to define.According to the legislative experience of foreign countries,the daily life needs should be judged on the basis of the necessity of life,and the daily expenses of the family and the education of children should be taken into account.The purpose of a specific legal act is consistent with the intermal situation of the husband and wife,and adhere to the objective principle and so on.For matters that have a significant impact on the quality of life of the family.investment and financial behavior,installment payments,and outsourcing Insurance and other such matters should be firmly excluded from the needs of daily life.At the same time.the quantity of daily needs should be judged comprehensively by factors such as the level of local economic development,per capita consumption capacity and household income status.In addition,in order to facilitate the judges to correctly judge the needs of daily life and determine the joint debt of the husband and wife,the people's courts should take the eight major types of daily consumption of urban and rural residents announced by the National Bureau of Statistics as the basis for the scope needed for their daily life.Combined with the level of social development,family income and expenditure,consumption habits,comprehensive consideration of whether the debt involved in the case belongs to the scope of daily life,and for the definition of the amount,we can refer to the Zhejiang Provincial Academy of higher Education.The way in which the notice on proper hearing of cases involving marital debt disputes(hereinafter referred to as the notice)is issued.The relative value of the specified amount and several specific cases are used as the reference basis forjudging whether it is beyond the scope of daily life.