Determination Of Personal Debts Under Marital Relationship

Since the husband and wife debt-related system is related to various types of civil legal relations and involves complex production and life situations in various practices,resulting in its complex content and variety,the number of husband and wife debt determination cases is also increasing,which increases judicial practice.difficulty.The core issue of husband and wife debt-related rules is to balance the interests of the nonborrowing spouse and the third party as a creditor.In the previous legal regulations and judicial practice,more emphasis was placed on protecting the creditor,and to a certain extent,the non-borrowing party’s interests were despised.rights and interests.The entry of the "joint debt and joint signature" rule into the code is an important step in improving my country’s husband and wife debt determination rules,which better balances the interests of the creditor and the non-borrower of the husband and wife.However,due to the macroscopic nature of the "Civil Code",its There are still many practical problems in the application of the law and the imperfection of the identification rules themselves,which makes the courts at all levels have disputes in the process of using the rules to hear cases,resulting in the confusion of common debts and personal debts,and it is impossible to objectively and impartially identify individuals debt.By sorting out the development process and constituent elements of my country’s identification rules,and combining with the identification rules of extraterritorial personal debts,this paper discusses in detail the specific situations that should be identified as personal debts,and attempts to provide suggestions for the unified identification standards of judicial practice,and enhance the validity and reliability of the rules.By analyzing the case and introducing the dilemma of the current determination rules in judicial practice,it is found that there are problems such as the neglect of individual debts signed jointly,the irregular expression of debt agreement,and the unclear power of agency in daily family affairs.In response to the above problems,this paper proposes to standardize the identification methods of husband and wife agreement,clarify the authority of daily family affairs,establish a contracted property registration and publicity system,and uniformly regulate the scope and order of personal debt repayment,which can help judicial practice to a certain extent.More accurate identification Personal debt,maintain the stability of marriage and family and protect the legitimate interests of creditors,and achieve a balance between the two values.