The Criteria For Identification Of A Joint Debt Of The Husband And Wife In Private Lending

The cases of private lending disputes have sprung up in recent years,which arouse widespread concern from all sectors of society.In judicial practice,there are different criteria of ajoint debt of the husband and wife,and even there has been a phenomennon that judges made different decisions in the similar cases,which not only damage the legal rights and interests of the parties,but alse have an negative impact on judicial credibility.Through the collection and analyse of various data on such case in the L County people’s court in northern Jiangsu province,we have discovered the common features of these cases and found out the causes of the difficulties in determining the common debt of the husband and wife in private lending cases that can be summed up as a legal level of factors,but also can be attributed to the reality of the factors,as well as social integrity factrs.The legal relationship of private lending cases is relatively simple and the determination of a joint debt of the husband and wife involves the special identify relationship among spouses which may prompt to false litigation easily.So it is necessary to construct the identification standard systematically and clarify the situation,conditions of the joint debt of spouses in the cases of private lending disputes as well as the adoption methods of the evidence given by the parties.From both substantive law and procedural law,that is to solve the problem of identification criteria.Meanwhile,we will summarize situation and conditions that can only be identified as the personal debt of a party from the opposite direction.Finally,it is clear that in judicial practice,when determining the joint debt of the husband and wife in private lending cases,we must follow the legal principles of balancing the rights and interests of the parties,prudent adoption of family agency rights,prudent trading obligations of creditors,and protection of women and children.