Study On The Judicial Application Of The Rules Of Husband And Wife Joint Debts In The Civil Code

The husband and wife joint debt rules in the civil code integrate and summarize the original rules,basically achieve the balance of the protection of the interests of creditors and debtors,and adapt to China’s national conditions as a whole.However,in the judicial application,there are still operational difficulties,and even "different judgments in the same cases",with obvious differences,so it must be further explained and clarified.First,the proof standard is not easy to grasp,especially the proof of "family daily needs" and "expression of common meaning" lacks objective standards.So the emphasis of poof should be detailed,judged by sections in specific cases,and it is not appropriate to set a high standard of proof.Second,the guidance on the execution procedure is unclear,that is,there are differences in the judgment criteria for the joint debt of husband and wife between the trial process and the execution process.In this regard,we should unify the repayment method to eliminate discord,prevent the property under the name of the non debtor from being enforced when a debt is not recognized as husband and wife joint debt by the judgment document.Third,the issue of husband and wife joint debt in tort debt is not involved.The current rules focus entirely on contractual debt,resulting in inconsistent opinions on determining husband and wife joint debt in some tort cases.In this regard,we should expand the scope of husband and wife joint debt to tort debt,and clarify its identification standard,burden of proof and other related issues;Fourth,there is a conflict with the responsibility bearing rules of individual industrial and commercial households.In this regard,we should clarify the relationship between the two in application,that is,when individual industrial and commercial households bear debts,Article 56 of the Civil Code shall be applied first,but when they bear debts with family property,the application of the joint debt rule of husband and wife is not excluded.On the premise of maintaining the stability of the civil code system,we should solve the dilemma in judicial application through judicial interpretation and other ways.