On The Determination And Treatment Of The Joint Debt Of Husband And Wife

The rule of time presumption of spousal debts as determined in Article 24 of the Judicial Interpretation of the Marriage Law(II)has been criticized in practice,and even an "anti-24 alliance" has appeared.At the beginning of 2018,the judicial interpretation issued by the Supreme Court has made subversive changes to the rules and system for determining husband and wife debts.This article provides a literary and systematic explanation and systematic explanation of the interpretation,clarifies the current standards for the identification of husband and wife debts under the current statutory husband-and-wife property sharing system,and in the value balance between the interests of the non-borrowing spouse and the interests of creditors,based on the risk control ability and the possibility of benefit Determine the responsibility and the burden of proof.In the case where the husband and wife are jointly signing debts,they shall be determined in accordance with the general rules of debts.When there is doubt in the retrospective intention,they shall be presumed to be personal debts of the husband and wife.One party's debt due to household daily expenses is,in principle,a joint debt category,but there are exceptions.In spite of the family's daily debts,the husband and wife shall in principle repay with the common part of their personal property and the common property of the husband and wife,but the debtor or creditor can prove that the debts raised are used for family interests such as family daily life.,It can be recognized as the common debt of the husband and wife,and the debtor's personal property and the common property of the husband and wife will be used to repay.