On The Cognizance Of The Debt Of Husband And Wife’s Joint Production And Management

Facing the general situation of the current legal system,this thesis starts from the perspective of the recognition of husband and wife’s joint production and operation debt,reflects China’s recognition rules through judicial cases,obtains the existing problems,and then discusses the causes of the problems,then discusses the theoretical basis of the two mainstream recognition rules,compares their advantages and disadvantages,so as to determine the optimal recognition rules,It is expected to promote the more specific improvement of the legal system and the more fair and clear recognition of husband and wife’s joint production and operation debt in judicial practice.The first part mainly expounds the judicial status of the recognition of husband and wife’s joint production and operation debt in China,including the recognition rules and the problems of different recognition rules.In terms of content,through the case analysis method,search the cases on the China judicial document network and the non litigation case network to reflect that there are two general recognition rules for the recognition of husband and wife’s joint production and operation debt in China’s judicial practice,that is,joint benefit means joint debt and the classification of debt use.Among them,the rule of joint benefit means joint debt is divided into actual income and indirect benefit;Through the discussion of the above related cases and other cases,it is concluded that there are three major problems in the recognition of husband and wife joint production and operation debt in China,including different application of the recognition rules,differences in the strictness of the review,and differences in the understanding of the meaning of "common".The second part mainly analyzes the three reasons for the different recognition rules of husband and wife’s joint production and operation debt in China.In terms of content,by combing the relevant provisions of China’s three original marriage laws,judicial interpretations and the civil code,it is concluded that the legal basis is vague,resulting in unclear judgment rules;By analyzing the situation of "two households",partnership,company,no business entity and the debt guaranteed by one party free of charge.it is concluded that the complex situation of judicial practice leads to the difficulty of judicial identification;Through the analysis of some judicial judgments,it is concluded that the reasoning of judicial documents is insufficient,which leads to the low reference value of such cases.The third part mainly analyzes the theoretical basis of the two recognition rules,including value judgment and legal basis.The value judgment of the rule of joint benefit and joint debt tends to protect the interests of creditors;The value judgment of the classification rules of debt use is to solve disputes from the source,realize the balance of the protection of the interests of the spouse of the non borrower and the creditor,and maintain the normal market trading order.The legal basis of the rule of joint benefit and joint debt is the joint system of marital property and joint ownership,which has various contradictions and does not adapt to the actual situation;The legal basis of the classification rule of debt use is the principle of autonomy of will,the principle of relativity of contract and the theory of legal act,which is more scientific and more in line with practice.The fourth part solves the problem of different recognition of husband and wife’s joint production and operation debt in China through the negation of the rule of joint benefit and joint debt and the unification of the type of debt use.In terms of content,it negates the principle of equality in civil law,which is that the rule of joint benefit and joint debt does not conform to the differentiated attitude of the civil code,the principle of consistent violation of rights and obligations,and ignores the independence of personality and individual independence;The classification rules of debt use are determined as the recognition rules by adapting to the reality of the distinction between life and production and operation,the protection of marital trust interests and the principle of relativity of contract.At the same time,it is clear that the production and operation and debt used for the joint production and operation of husband and wife occur during the duration of the husband and wife relationship,used for the production and operation and the moderately broad joint participation standard are the specific identification elements.