Research On The Rules For Determining Joint Debts Of Husband And Wife In The Civil Code

The joint debt of husband and wife has always been the focus of my country’s theoretical and practical circles.With the rapid development of my country’s society and economy,a large number of families have begun to break away from the traditional model and enter the society to engage in economic activities.The economic interaction between the spouses and the third person has become more frequent.What follows is the debts of the spouses as joint defendants.The rapid increase in the number of disputes has made it more difficult to handle couples’ debt disputes in practice.Due to the privacy of the husband and wife relationship,it is often difficult for the husband and wife to know the status of the part of the work and property of the husband and wife in the external economic exchanges with the third person.In cases of joint debt disputes between husband and wife,how to distinguish between joint debt and personal debt,what viewpoints should be adhered to when determining joint debt between husband and wife,how to allocate the burden of proof for different types of joint debt between husband and wife,and how to balance the realization of the creditor’s rights and interests with the legal property of the non-creditor of the husband and wife Rights and interests have not been finalized for many years.On January 1,2021,my country’s "Civil Code" was officially implemented,and the country and society have entered the era of "Civil Code" in an all-round way.The entry into force of the "Civil Code" signifies that my country’s marriage and family relations,and the personal property of spouses are no longer adjusted by a single "Marriage Law" and scattered judicial interpretations,and replaced by a more complete and unified marriage and family code system.In addition to the “Marriage Law of the People’s Republic of China”,the “Adoption Law of the People’s Republic of China”,and the “Inheritance Law of the People’s Republic of China” which fully return to the “Marriage and Family Edition of the Civil Code”,other highlights of the“Marriage and Family Edition of the Civil Code” also include: Article 1060 establishes the spouse’s daily family agency rights,Article 1064 stipulates three types of joint debts between husband and wife,and Article 1089 stipulates joint debt settlement responsibilities.At the same time,since the "Marriage and Family Edition of the Civil Code" is developed on the basis of generalization and succession to the "Marriage Law" and related judicial interpretations,the relevant laws and regulations concerning joint debts of husband and wife are smaller than the previous ones and have a smaller scope of changes.Related issues such as the determination of the joint debt between husband and wife in the document have also not been responded to.Therefore,this article starts with the "Civil Code" law on the joint debt of husband and wife,analyzes its theoretical basis,and puts forward relevant suggestions for improvement in the practical problems in the daily family agency system,the identification of joint debts in the abnormal period of the relationship between husband and wife,and the distribution of the burden of proof.,In the hope that the rules for determining joint debts between husband and wife will be fairer and more reasonable.