Research On The Rules For The Determination Of The Joint Debt Between Husband And Wife In My Country

Since the founding of the People's Republic of China,China's marriage legal system has undergone several major modifications and changes.Rules and regulations of property,rights and obligations,internal and external relations between husband and wife,creditor's rights and debts have made considerable progress.Among them,property relations between husband and wife lead to the most difficulties and disputes in debt identification,covering the most extensive areas.The joint debts of husband and wife have experienced several times,from debts originally incurred for the purpose of family life under the legal common property system to debts incurred for the purpose of family life under the legal common property system,to debts incurred by husband and wife in fulfilling relevant legal and moral obligations,to presumptive joint debts later to protect the safety of third parties in transactions,and finally to the distinction and identification of consensual autonomy,daily life and large amounts of debt.With the turning point and the return of understanding,legislators have been paying much attention to people's livelihood and the balance of economic circulation,which is worthy of affirmation.However,regardless of the focus of legislation,on the basis of balancing the stability of the basic unit of society and safeguarding the wider interests and security of society,it can form a point of interest connection with marriage and family,which can be evaluated as a factor of consideration of the joint debt of husband and wife or individual debt,and thus form a systematic identification center of the joint debt of husband and wife.From the perspective of balance of interests and security,this paper recognizes the process and content differences of the legislative reform of the identification of joint debt between husband and wife so far,analyses the focus of the reform,compares the provisions of relevant foreign legislation,seeks the legislative original intention and original intention of the identification of joint debt between husband and wife,and tries to systematically put forward the elements and possibilities of the identification of joint debt between husband and wife.Therefore,this paper is divided into four aspects:Firstly,it gives a comprehensive overview of the concept,meaning,characteristics,types and legal basis of the joint debt of husband and wife,and introduces the content and definition of the joint debt of husband and wife.Through the expression of the concept,the analysis of the nature of the joint debt of husband and wife in terms of time,subject,reason and relationship,as well as the introduction of the types of identification and the legal basis,this paper provides the theoretical basis for the later analysis of the legislative and judicial changes,progress and existing problems in the identification of the joint debt of husband and wife in China,and provides the basis for the improvement and suggestions of the identification.Secondly,through the historical evolution of legislation on joint debt between husband and wife,the author explores the principles and rules of consistency in legislation,and grasps the traditional value evaluation of such issues in legislation in China.Not only that,in judicial practice,through the analysis of the predicament and error of presumption,this paper evaluates the problem of the presumption of common debt,and through the interpretation of the judicial interpretation No.2 of 2018,it analyses the advantages and progress of the current identification of joint debt between husband and wife,and also analyses the deficiencies and perfect assumptions that still exist,so as to accumulate the possibility of forming a systematic identification of common debt.Thirdly,by comparing the legislative techniques and characteristics of marital and family debts and the joint debts of husband and wife in foreign countries,this paper explores the feasibility and technical barriers of the systematic identification of joint debts of husband and wife,and through the Enlightenment of foreign legislation,hopes to provide reference for the identification of joint debts of husband and wife in our country.Fourthly,through a series of comparative studies,this paper puts forward some suggestions to improve the identification of joint debts between husband and wife,how to further improve the identification rules from the nature and legislative style,enumerates the identification contents of personal debts of one spouse and the rules of debt identification during the registration and separation of property system,clarifies the comprehensive factors that need to be considered in the identification of joint debts between husband and wife,and through the security of the distribution of burden of proof.The rules of discharge and liquidation are analyzed to support the system of joint debt recognition laterally.Finally,through the suggestions in some aspects,we can better express the possibility that the joint debt of husband and wife will become perfect.