Legal Research On The Identification Of Marital Common Debt

The common debt of husband and wife is an important content in the common property system of husband and wife.It has both the attributes of identity law and property law.At the time of the compilation of the civil code,it is of.From the provisions of Article 41 husband and wife’s common debt reflects the complexity of this issue.How to amend and improve Article 41 of the Marriage Law during the compilation of the Civil Code Marriage and Family,It is of great significance to absorb the rationality in judicial interpretation and establish the standard of husband and wife’s common debt.This article is divided into four parts.The first part sorts out the evolution of China’s legislation on the determination of husband and wife’s common debt,and analyzes the recognition standards of husband and wife’s common debt.It explains the rationality of China’s current use of "composite standards".Constituents of the common debts of husband and wife identified in the Interpretation of Debt Disputes: in-depth analysis of husband and wife agreement,daily housework agency,common life,and common production and operation;the third part combines cases to explain the application of judging the common debts of husband and wife in judicial practice Difficulties,the fourth part proposes a solution to the problems found in judicial practice,such as how to prove the spouse’s agreement,the definition of the scope of daily household agency rights,debts used in the family’s common life,and the reasonable allocation of burden of proof.