Determination Of The Nature Of A Debt Guaranteed By One Spouse Under The Common Property Syste

Given the universality and importance of guaranty,either spouse may be involved in guaranty behavior and become guarantor when participating in social and economic activities.At present,there are no detailed laws and regulations governing the nature of a spouses external guarantee debt in Chinese law,and the case situation is more complicated,which makes it difficult to identify the nature of this type of debt in practice.Clarifying the identification of the nature of the debts of husband and wife is the key point to balance the internal and external interests of husband and wife and maintain family harmony.Therefore,it is necessary to carry out research on the identification of the nature of debts guaranteed by one spouse.The main content of this paper is divided into: preface,the status quo of the determination of the nature of the debt guaranteed by one spouse,the characteristics of the debt guaranteed by one spouse,the judgment of the husband and wifes agreement in the debt guaranteed by the husband and wife,the judgment and summary of the use of the debt guaranteed by one spouse Wait.The preface is to clarify the practical significance of this thesis.The practical cases of a spouses external guarantee debt can be roughly divided into two categories: 1.The spouse issues a signature and a statement.2.One of the husband and wife provides a guarantee for the company that has an interest.In judicial practice,it is difficult to clarify the meaning of the first type of signature statement,and the second type of guarantor may actually benefit from a conflict with the gratuitous nature of the guarantee.Therefore,the nature of the debt guaranteed by one spouse to the outside world is in the confusion of "different judgments in the same case".It is not conducive to maintaining the justice and authority of the judiciary.This leads to the following.Part Ⅰ-the status quo of the determination of the nature of the debt guaranteed by one spouse to the outside world.First of all,through case analysis,three major problems in the determination of the nature of the debt guaranteed by one spouse to external parties in my countrys judicial practice are drawn: different standards for determining the meaning of the guarantors spouses signature statement,insufficient demonstration of how the guaranteed debt benefits,and some gains in the identification of the guarantee.On the premise of profit,the relatively rough judgment logic of sharing profit is shared debt.Secondly,it expounds and analyzes the rules and value orientation of the determination of the nature of joint debts of husband and wife in my country,and provides rule basis and value guidance for clarifying the standard of determination of the nature of debts guaranteed by one spouse to the outside world.Part Ⅱ—Characteristics of the debts guaranteed by one spouse.This part deeply analyzes the legal characteristics of guaranteed debt and the practical characteristics of one spouses external guaranteed debt.This chapter is an important link linking the current situation of the first chapter and the problem solving of the third and fourth chapters.Only by understanding the characteristics of the debts guaranteed by the husband and wife to the outside world,and taking this as the theoretical basis,can we carry out the identification of the nature of the debts guaranteed by the husband and wife to the outside world under the common property system.Part Ⅲ-Judgment of the husband and wifes agreement in the debt guaranteed by one of the husband and wife.The determination of the nature of the debt guaranteed by one of the husband and wife can be based on two paths: judging whether the husband and wife have an agreement and whether the guaranteed debt is used for joint life and joint production and operation.The third chapter analyzes from the perspective of consent,draws on the provisions of the French husband and wife debt clause on husband and wife agreement,defines the form of agreement,divides the type of agreement,and on this basis clarifies the meaning of the guarantors spouses signature and declaration.Part Ⅳ-the determination of the use of the debt guaranteed by one spouse to the outside world.This chapter analyzes the use of the debts guaranteed by one spouse to the outside from the perspectives of co-living and co-production and operation.For the former,this chapter takes the type of interest as the starting point,divides the benefits of the guaranteed debt into direct benefits and indirect benefits,and discusses the criteria for determining the nature of the debt guaranteed by a spouse under different benefit methods.For the latter,three criteria are proposed for the determination of debts guaranteed by joint production and operation: the main debt is an operating debt,the husband and wife are both operators,and the husband and wife share the will.It is worthy of special attention to distinguish between the common will of the operators and the common will of husband and wife.