The Study On The Determination And Repayment Of The Spouses Joint

In recent years,with the economic development,the husband and wife community and all parties in the community have become more and more involved in the society,such as buying houses,going out for travel and borrowing from the couple.In this situation,not only the external relations of husband and wife have changed,but also the internal division of labor and property structure of the family have changed accordingly.Family relationship is one of the smallest unit of social relations,to ensure its good is to promote the harmonious social development,one of the important tasks of maintaining social order,including the improvement of the system of joint debt is especially important,and pay off its academic research is the key to focus,various related husband and wife and judicial practice debt disputes emerge in endlessly,Whether such disputes can be resolved is not only related to whether the legitimate rights and interests of the parties can be maintained,but also related to whether fairness and justice can be reflected in every judicial case.The promulgation and implementation of the Civil Code promoted the development and perfection of the marital joint debt system: The Civil Code of China has improved the marital debt system.Article 1064 of the Civil Code clearly stipulates the recognition of the marital debt,but the repayment rules of the marital debt have not been further amended.Article 1065 and Article 1089 of the Civil Code basically follow the relevant provisions of the original Marriage Law.Therefore,it is necessary to deeply understand the research status of recognition and settlement of marital joint debt in China,deeply analyze the existing shortcomings,and put forward suggestions for improvement.In the writing concept,I mainly introduced the joint debt and the characteristics of joint debt and joint debt legal basis,legal behavior theory,in addition to the current research status of our country is assessed and liquidation of joint debts and its deficiencies were studied in the judicial practice,and aimed at the deficiency of present research situation and the judicial practice put forward relevant countermeasures,Such as accurate applicable standards,the joint debt will unilaterally tortious debt into the category of husband and wife together debt and clear standard of debt of the couple’s debt unilateral infringement,the reasonable allocation of the burden of proof,clear payment rules,clear liability for the debts of the joint property scope,improve the system of judge discretion,and strengthen the joint debt repayment and recognition of cohesion,etc.