On Judicial Determination Of Joint Debt Of Husband And Wife In Debt Dispute Cases Of Husband And Wife

The judicial cognizance of matrimonial joint debt is one of the difficult problems in the matrimonial debt dispute cases..Although my country’s civil legislation and the judicial interpretation of the Supreme People’s Court have made relevant provisions,there are still many problems in husband and wife debt disputes.Based on this,this paper discusses this issue.The paper applies case analysis method based on consulting,sorting out and summarizing relevant literature on judicial identification of joint debts of a couple.,starting from the judicial practice,and summarizes the judgments made by the Supreme People’s Court and the Intermediate People’s Court from 2019 to 2021.Interpretation of the Supreme People’s Court on Issues concerning the Application of Law in the Trial of Cases of Matrimonial Debt-related Disputes（hereinafter referred to as the "Judicial Interpretation on Matrimonial Debts"）,the General Rules of the Civil Law of the People’s Republic of China（hereinafter referred to as the "General Rules of the Civil Law"）and the Civil Code of the People’s Republic of China（hereinafter referred to as the "Civil Code"）The main text consists of three parts: First,the judicial assessment of the determination of the common debt of the spouses in the event of a dispute between spouses.This section,by means of big data case retrieval,sorts out the current distribution of cases concerning the determination of joint debts of a couple,and summarizes the characteristics of the judicial determination of joint debts in the current disputes over the couple’s debts.and describes the current situation of cases of determination of joint debts of husband and wife in my country.The second is summarizing specific issues on the judicial recognition of matrimonial joint debts in cases of matrimonial debt-related disputes.In this section,we discuss the abstractness of identification criteria for consensual common debts of the couple,the complexity of defining the scope of "daily family life needs" in the category of common debts of the couple relating to daily family affairs,and the ambiguity of the identification criteria for "common" in the category of "living together" and "joint operation".