Study On The Determination Of Joint Debts Of Spouses Under The Civil Code

With the rapid development of today’s society,people’s consumption evolves over time.With the increase in variety and consumption,excessive consumption is gradually becoming popular,and debt disputes are also increasing.On the other hand,both men and women in marriage are becoming more equal and have equal voice in family life.Therefore,marital joint debt has gradually become an increasingly important issue in marriage and family law.From the Marriage Law to Interpretation II of the Marriage Law,to the 2018 New Interpretation,and the present Civil Code,the standards for the recognition of Conjugal joint debt have been constantly changing with the social changes.In addition to the debt signed by both the husband and wife,it is more about whether the debt of one of the couple can be considered as the joint debt of the couple,which is related to how to weigh the rights of the non-debt party and the creditor.At this time,the daily family service agency system can play an important role.In the past,some legislation in our country has led to social problems because of too much bias to one side.Therefore,the study of the standard of marital debt and the perfection of the daily housework agency is of great significance to our theory and practice.There are seven parts in this paper.The first part is "Introduction".In this part,a simple case of the recognition of marital debt in January 2021 is selected to put forward the research issues of this paper,that is,the standards for the recognition of marital debt after the official entry into force of China’s Civil Code,and the development of the daily family agency system in this standard in China.At the same time,this paper briefly introduces the research background,significance,research status,research methods and innovation points of this paper.The second part is "the legal analysis of the recognition of Conjugal joint debt ".This paper sorts out the legal provisions about the recognition standard of marital joint debt before and after the Civil Code came into effect,and analyzes the legislative background and the reasons for the legal reform at that time.The present Civil Code is integrated on the basis of the previous legislation and judicial interpretation,taking the essence and discarding the dross.The third part is "Discussion on the deletion of Article 24 of the " Civil Code "certification standards".The discussion on the "Civil Code" formally deletes Article 24 of Interpretation 2 of the "Marriage Law",which is quite controversial in academia,mainly from two aspects of theory and practice.The theoretical aspect mainly discusses the different theories of the academia on the standards for determining the debt of husband and wife,and summarizes the reasons why Article 24 should be abolished;the practical aspect mainly discusses a wrong case corrected by the second instance,which proves that Article 24 can easily lead to judicial practice.The occurrence of wrong cases must be formally abolished in the Civil Code.The fourth part is "the judgment principle of marital joint debt in the Civil Code".The standards for identifying marital joint debt in the Civil Code follow the three principles of the 2018 New Interpretation,including joint debt and joint signing,daily life needs of the family and exceptional provisions.However,joint debt and joint signing is only applicable to large sums of money,and The exception rule is for the former principle.The author thinks that the principle of daily needs of family life is the most important one among the three principles,and it must be studied with emphasis.This part mainly discusses the agency nature of daily housework agency rights,the subject of rights,and the process of formal establishment in our country.The fifth part is "Insufficiency in the determination of the joint debts of husband and wife in my country".The daily family agency power was formally established in the "Civil Code" not long ago.Although the standard for determining joint debt between husband and wife is more complete than before,there must be some deficiencies that can be improved.The sixth part is " The Perfection of the Cognizance of Marital Joint Debt in my country ".In view of the possible inadequacies,put forward targeted suggestions,in order to make the relevant legislation more perfect.The seventh part is the "conclusion",which summarizes the whole thesis and tries to reflect on the author’s deficiencies in writing the thesis.