On The Division Of Debt Types And Responsibility Of Husband And Wife

The implementation of the Civil Code and the application of the new judicial interpretation established the system of daily family agency and the scope of the debt wife.But the objective criteria for the scope of daily family affairs and the way to assume responsibility for common debt are not clear.In this paper,we select the hot issues with high frequency of husband and wife debt disputes in practice and classify them into research objects.Through objective and comprehensive legal analysis,the conflict between the debtor and rights interests of creditors,we define types of wife debt,the way of undertaking and the scope of responsibility property.This paper takes as the research object the marital debt dispute which appears in the practice and is related to the citizen’s daily life,according to the different distinction of the behavior subject,including: the debt related to the behavior of the husband and wife.For example,the debt generated by a husband and wife’s daily family agency,the debt of a husband and wife beyond the scope of daily family agency,and the debt related to the behavior of both husband and wife.For example,husband and wife joint production and operation,husband and wife joint debt or joint intention to express the relevant debt.In the case of joint liability,the scope of any property includes only the personal property of the husband and wife.