On The Identification Of Marital Joint Debt

The marital joint debt is a hot and difficult point in practice.The Supreme People’s Court’s interpretation of No.2[2018]has made some progress in reconstructing the rules for determining the marital joint debt,but there are still some problems.On the basis of reviewing and analyzing the foreign laws and regulations and the rules for determining marital joint debt in China,this paper puts forward two solutions.The first path is that a non-borrower should be deemed to be a joint debt if it actually benefits from the borrowers debt.In the case of unrealistic income,but conforming to the general principles of civil law,it should also be recognized as marital joint debt.If one party borrows money in line with the appearance of family agency,the creditor can be exempted from the debt liability,but the debtor can be overturned by proof.The second way is to fine tune the rules established by interpretation.The daily life of the family can be divided into two kinds:the one actually used in the daily life of the family and the other not used in the daily life of the family.For those who are actually used in the daily life of the family,they should bear joint and several liabilities,and for those who conform to the appearance of the household agent but are not actually used in the daily expenses of the family,they should also be deemed as marital joint debt,but the non-borrower can be overturned by proving that it does not constitute apparent agency.