Study On The Judicial Determination Standard Of The Joint Debt Of The Couple

The Civil Code of the People’s Republic of China(hereinafter referred to as the Civil Code)has been in effect for two years since January 1,2021.Article 1064 of the Civil Code divides the joint debts of spouses into three types: daily family life needs;Living together and operating together;Joint debt signing.The Civil Code innovates the system of joint debt between spouses,overcomes the drawbacks of "time standards",and ensures a balance of interests between spouses and creditors.However,there are still some shortcomings in the standards for judicial determination.In addition,the Civil Code does not specify the nature of debts arising from infringement disputes between spouses,which has caused significant controversy in practical judgments.In judicial practice,how legal professionals understand and apply recognition standards to handle the issue of joint debt between spouses is not only related to family harmony,but also closely linked to the long-term development of society.This article starts with specific problems in reality,combines the academic perspective and legislative evolution of joint debt between spouses,draws on foreign legal systems,integrates with the national conditions,and proposes countermeasures to solve the problem.The specific writing logic is as follows: Firstly,summarize the general concept of joint debt between spouses.Analyze scholars’ viewpoints and summarize concepts;Sort out the applicable standards for joint debts between spouses throughout history,and prove the rationality of the application of mixed standards in the Civil Code;Clear characteristics;From a general and special perspective,this article discusses the three forms of common debt between general spouses and the "tort debt" among special debts.Clarify the differences between joint debt and general debt between spouses,laying a theoretical foundation for proposing and solving the following issues.Secondly,by analyzing the judgment cases,it was found that the standards for determining the joint debt of spouses are chaotic and there are significant differences.For example,there are various standards for determining common debts between spouses,with different judgments for the same case;Inconsistent standards for determining infringement disputes between husband and wife.Conduct a detailed analysis of each identification standard,identify areas where theory does not align with practice,and propose urgent issues to be addressed.Once again,taking different legal system countries such as Germany,France,the United Kingdom,and the United States as examples,we will compare and analyze foreign legal provisions,drawing on the British "consensus theory" and the American "interest standard theory".Combining foreign experience,improve China’s judicial recognition standards.Finally,based on the actual situation and combined with foreign experience,propose a solution.For example,improving the "family agency power",distinguishing between "family daily life" and "common life",resolving infringement disputes based on joint repayment of external common property,and dividing debt liability based on benefit ratio internally.Enhance the scientificity and rationality of the recognition standards,and promote the judicial recognition of joint debts between spouses in judicial practice.