Research On The Rules Of Determination And Settlement Of The Joint Debt Of Husband And Wife

A complete and systematic legislation in our country has not yet been formed on how to determine the debts incurred during the period of marriage,especially the ones incurred by one spouse in his or her personal name.As a result,there have been great difficulties and disputes in judicial practice.In response to the public's concern about the determination of husband and wife's joint debt and in order to meet the needs of judicial practice,the Supreme People's Court issued the Interpretation of the Supreme People's Court on the Application of Law in Judging Cases Concerning Couple's Debt Disputes in 2018,which made a clearer and unified definition of the determination of husband and wife's joint debt and also a new allocation of the burden of proof,but there are still many shortcomings.For example,there is no definition of the daily life needs of the family,no clear definition of the common life and production and operation of the husband and wife,and no involvement in how the debt should be paid after the joint debt of the husband and wife is determined,so that it still cannot meet the needs of judicial practice.Through case analysis,documentation and empirical research,this thesis discusses the rules of determination and settlement of the joint debt of husband and wife as well as the supporting system for the establishment of the joint debt system of husband and wife from the perspective of the problems existing in the judicial interpretation in practice and the way for improvement,striving for making the author's meagre suggestions for the establishment of the joint debt system of husband and wife.This thesis is divided into five parts,specifically as follows:Part One elaborates the concept and nature of the joint debt of husband and wife.Part two discusses the evolution of the norms of the joint debt of husband and wife.That is,different periods of laws and other provisions on the joint debt of husband and wife.On the basis of the Interpretation of the Supreme People's Court on the Application of Law to the Cases Concerning Couples' Debt Disputes,Part Three deals with the legal rules for the determination of the joint debt of husband and wife.Mainly elaborated the agreement rule,the daily family affairs proxy rule,the use rule.It also analyzes whether certain types of debt can be identified as the common debt of husband and wife.Part Four mainly discusses the rules for the settlement and recovery of the joint debt of husband and wife,mainly the scope of the property liable for the settlement of the joint debt of husband and wife,the rules for the settlement and recovery of the joint debt of husband and wife during the period of marriage,and the rules for the settlement and recovery of the joint debt of husband and wife after the end of marriage.It also analyzes the settlement rules of special couples' common debts.Part Five mainly discusses the establishment of the rules for determining the joint debt of husband and wife under the special relationship between husband and wife: one is to establish the rules for identifying the joint debt of husband and wife under the separation system;the other is to establish the rules for identifying the joint debt of husband and wife under the separate property system.