The Determination And Settlement Of The Common Debt Of The Husband And Wife

With the development of society,people communicate more and more closely.Marriage and family relations as an important part of social regulation,husband and wife in the process of participating in market transactions will inevitably be due to various economic acts of debt.At this time,the husband and wife will be in the interaction with others in the transaction,resulting in debt disputes.Maintaining the stability of family relations and better regulating the behavior of all parties have become an important goal.Thus,the settlement of debt disputes is conducive to the determination of disputes,play the role of law to protect marriage relations,will make it more harmonious and stable.Through the law to clarify the scope of joint debt,burden of proof,debt settlement and other related legal matters appropriate,and then better promote the stability of marriage and family relations.In the current legal system of our country,with the coming of the Civil Code,the legal provisions on the joint debt of husband and wife are gradually developed and perfected,but there are still some shortcomings,which need to be further explored:First of all,the scope of the joint property of husband and wife in China is not clear,the principle of recognition is not unified.The determination of the joint debt of husband and wife is discussed from four aspects : " principle of common life ","principle of time presumption "," principle of family agency " and " draft of marriage and family of civil code ",so as to discuss solve the problem of joint debts of husband and wife.This problem should be combined with case-specific analysis,not from the principle of single determination to solve practical problems.Interpretation of the Supreme People's Court on Issues Relating to the Application of Law in CasesInvolving Couples' Debt Disputes(hereinafter referred to as "Interpretation of Couples' Debt Issues " 2018).As an important criterion to solve the problem of joint debt between husband and wife,its importance to judicial practice is unnecessary.Secondly,the provisions on the distribution of the burden of proof have changed the situation in which the burden of proof was previously increased for unindebted spouses,thus contributing to the stability of the marriage and family.The burden of proof on creditors is clearly defined in the draft Civil Code,which regulates the conduct of the parties.It is very important to solve practical problems by clarifying the burden of proof of creditors.I believe that after the introduction of the Civil Code,our legal system will be more perfect,promote the solution of the problem of joint debt,will be more reasonable and legal.Finally,the determination of the way to pay off the joint debts of husband and wife is conducive to the settlement of the case.The law on the settlement of the joint debts of husband and wife stipulates that there are still shortcomings in our country,which can draw lessons from the legislative experience of the countries of the civil law system,and promote the stable development of the marriage and family in our country by making clear the way of the joint property system and the way of separate property system.