| The family is the basic unit of society.Maintaining a harmonious couple relationship is an important condition for the stability of the family.Resolve the debt disputes with properly between the couple is conducive to eliminating the untstabe factor and promoting social stability.The result of the treatment often affects the property rights of the third person.Hence,joint debts have received extensive attention from the practical and theoretical circles for many years.From the provisions of Article 41 of the Marriage Law and the Judicial Interpretation of the Marriage Law(2)to the latest promulgation of the Civil Code,the determination of couple’s joint debt has been in dispute.The judicial interpretation of the Supreme People’s Court has repeatedly appeared in the determination of the joint debt of the couple,which reflects the complexity of this issue.According to the method of determination during the duration of the relationship between the couple,the spouse without debt has assumed too many debts that unkonw and not used in the joint life of the couple.The "Interpretation of couple’s debt" has absorbed by the Civil Code,but there are still some problems,for examp,"common debt and joint signing" rules,the scope of "daily family life",the rules of good faith creditors and the identification of special debts.Whether the debt can constitute a joint debt between the couple is still controversial.This article is divided into four parts.The first part interpretation the general theory of the joint debt of the couple in our country,and on this basis,interpretation the concept of joint debt of the couple.It is different from the characteristics of debts in other civil law and the elements that constitute joint debts of the couple.Understanding of life,co-living and co-operation;the second part is to sort out the general situation and evolution of the legislation of the joint debt of the couple in our country over the years.The academic dispute on the standard of joint debt of the couple shows the rationality of the "subjective and objective composite standard" adopted by China.;The third part analyzes the problems and predicaments of the joint debt of the couple in the determination;the fourth part focuses on the consensual flaws of the "joint debt and joint signing" rule found in judicial practice,the definition of daily family life,the bona fide creditor system and The identification of special debts proposes solutions. |
