Study On The Standard Of Matrimonial Community Debt

In the field of civil law,the joint debt of husband and wife is an important part of the relationship between husband and wife.Whether it is scientifically determined that the joint debt of husband and wife is of great significance to the protection of the legitimate rights and interests of creditors and parties.Article 24 of the Interpretation of the Supreme People's Court on the Application of Certain Issues Concerning the Marriage Law of the People's Republic of China(hereinafter referred to as "Judgment Law Judicial Interpretation(?)")establishes the presumption rules for joint debts of husband and wife,which arises after the promulgation The discussion is constant.The Interpretation of the Supreme People's Court on the Relevant Issues Concerning the Applicable Law Concerning the Cases of Disputes involving Husband and Debts(the Explanation"),which was enacted on January 18,2018,has made more reasonable provisions on the criteria for determining the joint debts of husband and wife.The husband and wife agree and the debts within the scope of the daily family agency are recognized as the joint debt of the husband and wife,and the husband and wife who are beyond the scope of the daily family agent are recognized as personal debts,and the debt liability of the parties is clarified.The full text begins with the legislative action of the husband and wife's common debts,and discusses the legislative values of independent personality,gender equality,and autonomy of the husband and wife's common debt identification standards,and clarifies the significance of the husband and wife's agreement.Combining the valuable research of the predecessors and some understandings of the author,the nature of the daily family agency rights is discussed.The setting of the joint debt of the husband and wife should respect the meaning of the individual husband and wife.The daily family agency right is a special intended agent and is based on the spouse.The authorization,in the scope of daily family matters,does not need to expressly dispose of the agency right,the consequences are shared by the husband and wife.Because the daily family agent has the characteristics of not being named by the unnamed spouse,and the legal consequences need to be jointly and severally liable,the scope of the daily family agent must be clear and reasonable.Rethinking the provisions of the Interpretation,first,it fails to clarify the scope of daily family agency,and second,it fails to strictly implement the principle of mutual consent,and its standard of identification is still swinging between meaning expression and debt use,which excessively expands the special status of husband and wife.Sexuality makes the joint debt determination standard still not consistent with the property law.Based on this,the author suggests that the criteria for determining the joint debt of husband and wife should be based on the principle of husband and wife agreement.The daily family agent is a special form of expression.If it exceeds the scope of daily family affairs,it is considered as personal debt.