Research On The Recognition Of The Joint Debt Of Husband And Wife

With the rapid development of China’s social economy and the increase of family’s economic exchanges with other countries,there are more and more situations in which one side of the husband and wife has external debts during the period of marriage.In today’s society,with the continuous improvement of material life,one or both husband and wife put their property into consumption,management and other economic activities for their own or common purposes,resulting in debt and debt phenomenon is becoming more and more common.In many cases of divorce proceedings,the couple’s debt problems are increasingly complex and diversified.During the marriage,the recognition and repayment of the nature of the external debts of one or both parties of the husband and wife are related to the legitimate property rights and interests of the creditor and both parties of the husband and wife,as well as the maintenance of normal transaction safety and economic order.In the legislation of the property relationship between husband and wife in China,the current provisions on the recognition and payment of the joint debt of husband and wife are ambiguous and uncertain.The judicial interpretation is scattered and there are some conflicts,which leads to the divergence between the recognition and payment in theory and judicial practice.This paper takes the recognition and repayment of the debt when the husband and wife borrow money from other countries as the research object,combining with judicial practice cases,puts forward legislative suggestions to improve the recognition and repayment system of the joint debt of husband and wife in China.The first part is the question.Through the representative cases,this part leads to the legal application problems in the recognition and settlement system of husband and wife’s joint debt,including the recognition standards of husband and wife’s joint debt,the distribution of the burden of proof in the recognition.The second part is the basic theoretical research on the joint debt of husband and wife.Combined with the historical changes of laws and regulations related to marital debt and the recent changes of relevant judicial interpretation,this paper analyzes the characteristics of marital debt,and analyzes the significance of the correct determination of marital debt for the maintenance of the legitimate property rights and interests of both husband and wife and creditors,and the maintenance of transaction order.The third part,the current provisions and deficiencies of the joint debt system of husband and wife in China.Based on the case of this paper,the author analyzes to a certain extent according to the relevant current laws and judicial interpretations,mainly analyzing the shortcomings of the current laws and regulations on the determination of husband and wife’s joint debt,specifically including: the determination standard is not clear,the scope of joint debt is not clear,and the distribution of the burden of proof is uncertain.The fourth part,based on the discussion of this paper,puts forward the author’s opinions and shallow suggestions on the focus issues worthy of discussion in case I and case II,such as: establishing the standard of "time presumption" as the main standard,the standard of "use presumption" as the exception standard,clearly defining the scope of daily family life,reasonably distributing the burden of proof of husband and wife’s joint debt,and protecting the debt.The legtemate rights and interests of the obliges.In order to improve the recognition and payment system of the joint debt of husband and wife in China.