A Study On Joint Debt System Of Husband And Wife

The joint debt system of husband and wife is an integral part of the matrimonial property system.The establishment of this system is conducive to coordinating the relationship between creditors,borrowers and non-debtors,and helps to maintain transaction security and marital stability.It has important theoretical significance and Practical value.However,the current legislative system of the system is confusing,and there are still many problems in judicial practice.Therefore,our National Code should systematically construct a joint debt system for husband and wife.This paper uses the writing ideas of asking questions,analyzing problems and solving problems to sort out the context of writing.First,first introduce the concept of the joint debt of husband and wife,analyze its characteristics different from other debt types,in order to distinguish it from personal debt,and explain the meaning of the two.Secondly,it analyzes the current situation of the joint debt system of the husband and wife,and points out the existing problems.At the same time,it analyzes the current situation and existing problems of the joint debt system of the husband and wife in judicial practice.Finally,further improve the identification standards and settlement rules of the joint debt of husband and wife.In addition to the introduction and conclusion,this topic is divided into four major sections,which are as follows:The first part mainly defines the joint debt of husband and wife,and advocates that the joint debt of husband and wife includes productive debt,living debt and debt formed by legal obligations.The common debt of husband and wife is characterized by the specificity of the obligation subject,the period of debt formation and the nature of the joint debt.The joint debt of the husband and wife is different from the individual debt in the formation of the cause and the settlement rules.In the cause of formation,the joint debt of the husband and wife is the debt shared by both husband and wife by the husband or wife or the other party,and the personal debt is the debt generated by one of the husband or wife for their own benefit.In the settlement rules,personal debts are in principle settled by personal property,while the liability property of the joint debt of the husband and wife is the joint property of the husband and wife.The second part mainly discusses the status quo and existing defects of the joint debt legislation and judicial practice.First of all,it expounds the current legislative status of our husband and wife joint debt.China’s provisions on joint debts of husband and wife mainly include Article 41 of the Marriage Law,Article 24 of the Judicial Interpretation of Marriage Law(II),Judicial Interpretation II of Marriage Law(Supplementary Provisions)and Interpretation of Disputes on Husband and Debt.These laws have successively proposed to determine the joint debts of husband and wife by "cohabitation of husband and wife","presumptive debts of husband and wife","standards of agreement",etc.,but all have certain deficiencies and cannot meet the needs of judicial practice.Then,with the new interpretation as the research perspective,the current situation in the judicial practice of husband and wife joint debt is analyzed.Finally,it discusses the problems existing in the judicial practice of the joint debt of husband and wife,which is manifested in the recognition of the husband and wife living together,the standard of production and operation,the recognition of whether the infringing debt belongs to the joint debt of the husband and wife,and the distribution of the burden of proof.The case is different.The third part is mainly to elaborate the rules for determining the joint debt of husband and wife.This article adopts the general and special research ideas,first discusses the general problem of the joint debt of husband and wife,points out that the infringing debt belongs to the joint debt of the husband and wife,proposes the application of the "family interest" standard to identify the joint debt of the husband and wife,and points out two exceptions to the standard.Even if it is not for the benefit of the family,it is also the joint debt of the husband and wife.The analysis of the common debt recognition criteria for couples in the post-transition to special circumstances is reflected in the determination of the joint debts of husband and wife in the scope of daily family agency rights and the determination of the joint debts of couples beyond the scope of daily family agency rights.The criteria for determining family interests.The fourth part introduces the scope of the responsible property of the joint debt of the husband and wife.This section first identifies the husband and wife’s common debts.When it comes to scholars’ views on the issue,some scholars believe that the joint debt of the husband and wife is joint and several debts,and some scholars have characterized them as joint debts.This article agrees with the latter.After the study of the husband and wife’s responsibility for the settlement of the husband and wife after the common life and divorce.During the joint living of the husband and wife,the party that borrows the foreign debts repays the joint property of the husband and wife is the joint property of the husband and wife and the entire property of the individual,and the non-bonder pays off the debt to the extent of the joint property of the husband and wife.For the responsibility of the responsibility after the dissolution of the marriage,the borrower is limited to the joint property and personal property of the spouse,and the non-recipient is only responsible for the debt repayment of the joint property of the spouse.