Study On The Attribution Of“debt Sighed By Husband Or Wife”during The Esistence Of Marriage

In recent divorce trials,it has been the focus of debate as to whether “the debt incurred by husband or wife”during the marriage should be taken as separate debt or joint debt of the spouse.In current legal precedents,the identification of “the debt incurred by husband or wife”during the period of marriage has been taken as joint debt as principle,and separate debt as exceptions.The legal basis of the joint debt is the housekeeping agency system,and the direct article of law is Article 24 of “Interpretation of the Supreme People's Court on Certain Issues Concerning the Application of the Marriage Law of the People's Republic of China(II)”.Since the housekeeping agency system hasn't been not specified in China,which leads to disputes over the identification of “the debt incurred by husband or wife” during the period of marriage in legal practices.The courts even rule on different basis.Through the method of case analysis,this paper presents and discussesfactual and legal basis,and the corresponding problems of our country in determining the ownership of the debt incurred by husband or wife.Finally,on the basis of the house-keeping system,the rules of attribution as to how to rule on “debt incurred by husband or wife” and the distribution of the burden of proof should be reorganized.The paper is divided into four parts.The first part tries to analyze characteristics and problems existing in the attribution of “debt incurred by husband or wife”,the second part discusses the main principle and legal basis of the attribution of the “debt incurred by husband or wife”,the third part discusses the legal and factual basis of the “debt incurred by husband or wife”,in the last part,the paper points out reorganization of attribution and burden of proof.