The Practical Dilemma And Countermeasures Of The Debt Of The Couple’s External Infringement

The system of matrimonial joint debt focuses on the determination of the nature of the debt in contract disputes mainly based on private lending in different times.Many scholars and courts have interpreted the current system of matrimonial joint debt as a purposive expansion,which is applicable to tort disputes and leads to confusion in judicial decisions.Through empirical analysis,this paper studies the status quo and applicable dilemma of the judicial recognition of the husband and wife’s tort in motor vehicle traffic accident liability disputes.In order to find a way to solve this problem,the author finds that the current rules are limited to the obligation of contract,especially to serve a specific goal under the dispute of loan contract.Even if the infringement debt is identified as"beyond the needs of daily family life" by means of purposive expansion interpretation,the liability of the infringed party to prove that the debt is "used for husband and wife to live together and for joint production and operation" is not in line with the principle of bearing liability for risk control,and lacks the applicable basis at the legal level,and at the same time will lead to the confusion between the establishment and undertaking of liability,internal and external marriage,and joint and several debts.The innovation of this paper lies in that,on the premise of distinguishing the establishment of liability and the assumption of liability,following the principle of protection of the weak and taking community property as the guarantee of liability property,the author puts forward the idea of establishing an independent community debt system in tort disputes by referring to the practice of "debt ownership" and separate legislation of applicable rules of foreign laws.Different from the former rule of "presumption of joint debts",we should construct a new and independent rule of "determination of joint debts" in tort disputes,in which one party’s external tort debts are determined as the joint debts of the couple.At the same time,we should,based on the theory of debt law,analyze the "joint debts" and "joint debts",clarify the nature of joint debts of the couple,and determine the property and order of repayment of the tort debts.The change of marital status and the division of joint debt repayment ratio between husband and wife do not affect the joint repayment liability of husband and wife to creditors.Therefore,the rules of the recognition of the joint debts of the couple and the settlement rules of the joint property constitute the system of the joint debts of the couple.