Research On The Rules Of Recognition And Repayment Of One Spouse’s Tort Debts

The legal provisions on the debts of husband and wife are concentrated on the debts of the contract.The legislators have ignored the statutory debts arising from torts.The implementation of the Civil Code still does not solve this problem,so at present,there are not legal rules that can be directly applied to the tort debts of a spouse.In addition,there is a conflict in legal theory between the assuming of obligation of spouses in the marriage and family sector of the Civil Code and the assumed liabilities in the tort liability sector.The internal and external legal relations of the husband and wife are confused,which have resulted the courts holding different views in the process of handling infringement disputes between husband and wife.These reasons result several problems: the mixed legal basis used in judicial practice,the identification standards of the contract debts are used to dealing with tort debts,the unclear method of assuming of liability and the scope of the liability property,and the judgment logics of the marriage and family sector of the Civil Code and the tort liability sector of the Civil Code are confused.In the theoretical circles,there is no consensus on whether the theoretical basis for the determination and repayment of a spouse’s tort debt is the principle of protection the weak or the legal principle of self-responsibility,and there is also a dispute about how to design debt repayment rules.The determination of the nature of the one spouse’s tort debts is essentially a measure of the interests of the innocent non-infringing spouse and the victim.Which side of the legal balance tends to produce theoretical discord.Therefore,it is very important to formulate a reasonable determination and repayment rules.When dealing with a spouse’s infringement dispute,it is necessary to clarify the internal and external legal relationship of wife and husband,distinguish between the identification and repayment of liability,and maintain the coherence of the marriage and family sector and the tort liability sector in the Civil Code.In principle,the tort debts of one spouse are regarded as personal debts,except that the basic activities of the infringement act are for the spouse’s joint interests.Regarding the repayment of a spouse’s tort debts,the scope of the liability property shall be determined as the infringing spouse’s personal property and half of the joint property acquired during the marriage relationship;The order of repayment is the personal property first,and the joint property shall pay off if it is insufficient.In addition,it is necessary to improve the relevant provisions for the division of the joint property of the husband and wife during marriage: increase the applicable circumstances for the division of the joint property of the husband and wife within the marriage,expand the scope of the claimant,and clarify the internal and external effects of the system.These provisions serving as a mechanism for measuring the interests of a spouse’s tort debts are conducive to the balance of interests between the victim and the non-infringing spouse.