Study On The Rules For Determining The Joint Debt Of Spouse

Nowadays,the society is getting better and better,and the public will expect a better social relationship and social order.Compared with ordinary persons,the spouse is a special civil subject in social life.It will make the property relationship and personal relationship between husband and wife more complicated and flexible.After being infringed,personal relationships,such as spouse rights,reproductive rights,loyalty obligations between husband and wife,etc.,will be repaired through tort damages and mental damage compensation if they do not receive the right to recover the relief.So,the marriage law is an indispensable part in the entire civil law field,and the spouse property relationship is also crucial in the field of marriage law.With the development of the theory of equality between men and women,the gradual rise of women social status has led to more diversification in the relationship between the spouse.There are also various contradictions around the special civil legal relationship of “couples”.As an important part in the spouse's property system,it brings countless disputes.Among them,the husband and wife common debt is an important part of the husband and wife property system,and the disputes caused by it are numerous.Article 24 of the Judicial Interpretation of the Marriage Law(II)(hereinafter referred to as Article 24),as a clause that applies to the needs of social development and new types of disputes in marriage relationships.To a certain extent,it completes the gaps in the rules for determining common debts of husband and wife.The promulgation of this law gave it legal compliance,but its disadvantages in judicial practice gradually came to light.After 15 years of judicial practice,the Supreme Law made two supplementary explanations to Article 24 in 2017,and subsequently issued the Interpretation of Issues Related to the Applicable Law in the Trial of Cases Involving Husband and Wife Disputes(hereinafter referred to as “ New Interpretation of Spouse Debt”).It negates the presumption of husband and wife's common debt in the “period of marriage relationship” in the “Article 24” of spouse joint debt determination,and establishes a recognition rule based on “used in husband and wife common life”.Its identification standard involves the question of how to grasp the boundary between “daily household agency rights”and “appearance agency”,the application of the “non-common benefit principle”,etc.The author will elaborate on how to accurately grasp and balance the interests of all parties under the new rules of husband and wife common debt determination,so as to apply to judicial practice.The full text is divided into five parts: the introduction explains the background of the topic and the significance of the research,and then conducts practical research on the related cases of the identification of common debts of husband and wife in China.The first chapter mainly sorts out the two legal theoretical foundations of spouses' common debt;the second chapter mainly studies the spouses' common debt recognition rules under the spouse common property system;the third chapter mainly studies the spouses' common debt recognition rules under the agency system,including daily housework agency,apparent agency and non-authorized agency;based on the previous chapters,Chapter 4 expounds the legislative ideas of how to apply the above rules and the rules for the determination of husband and wife's common debt,and finally concludes this article.