Study On The Identification Of Joint Debts Of Husband And Wife

In the context of the rapid development of the current market economy,both husband and wife and the family are equal civil subjects,and the debt relationship is frequently generated in the daily life and social economic fields.In the case of divorce or private lending,how to determine the debt problem of the husband and wife is related to the interests of all parties and must be prudent.Based on this,this article puts forward its own suggestions on the identification of the joint debt of the husband and wife in combination with the practical experience of their own work,with a view to attracting jade.This paper uses the case analysis method to analyze the specific cases,explores the common debt problem of the husband and wife reflected in the case,and starts with the corresponding laws and regulations,analyzes the shortcomings of the various provisions in the process of identifying the joint debt of the husband and wife,and will finally base on the case analysis,the case analysis is used to find out the basis of the judgment of the case.Based on this,the author believes that there are difficulties in the proofing of the husband and wife in the process of joint debt determination,the family agency system is not standardized,and the legal provisions conflict with each other.The actual problem.To effectively avoid these problems,the author puts forward the property registration system,the construction strategy of the family agency system and its inevitability.It is believed that the standard of judgment should be clearly defined in the process of determining the joint debt of husband and wife.The full text is divided into five parts in addition to the introduction and conclusion.The first part,the question raised,the legal issues involved are discussed in detail;the main legal issues revealed in the second part of the typical case list the legal provisions related to this case,by summarizing the research results of current scholars and legal workers.Analyzed the shortcomings of different standards when determining the joint debt of husband and wife,and produced the basis for determining the joint debt of the husband and wife in this case;the third part,the legal consideration of the joint debt determination of the husband and wife after divorce,from the joint debt determination of the husband and wife after divorce The standard is the starting point,combined with the case analysis of the common debt recognition standard of the husband and wife after divorce;the fourth part,the problems existing in the determination of the joint debt of the husband and wife,this paper believes that the burden of proof of the joint debt of the husband and wife is unclear,the family agency rights are not specific,the new and old bills The third part of the conflict;the fifth part is to improve the proposal of the joint debt determination of the husband and wife.The common debt of the husband and wife exists from the aspects of perfecting the legal system,constructing the property registration system,perfecting the family agency system,and determining the uniform judgment standard.Strategy.