Research On The Identification Of Joint Debts Of Husband And Wife In Private Lending Disputes

With the flourishing of China’s market economy,private lending has developed rapidly,and the number of cases involving private lending disputes has skyrocketed.Since 2015,private lending disputes have surpassed civil cases such as marriage,family and inheritance disputes,and become the largest type of civil litigation.In private lending disputes,a large proportion of the debt in the name of the husband or wife can be denied as a joint debt.The joint debt of husband and wife generally occurs during the duration of marital relationship.It not only involves the scope of property law,but also cannot break away from the nature of identity law.It has the dual attributes of identity debt and property debt.Because the identification of joint debt between husband and wife in private loan disputes involves the interests of both husband and wife and the third party creditors,and with the increasing economic independence between husband and wife,the relationship between husband and wife and the third party loan creditor and debt presents diversified and complicated characteristics,the problem of fact identification in the trial is becoming more difficult.How to identify the debt of the couple and how to protect the rights and interests of the spouse and the lender in private lending cases have been difficult problems in judicial practice.In this paper,the above problems are mainly divided into the following six parts:the first part is the introduction,mainly clarifies the research background,research significance and research status;The second part is the outline of private loan disputes and the concept and characteristics of marital debt;The third part summarizes the historical evolution of laws,regulations and judicial interpretations about marital debt,and evaluates the updates and changes of legal judicial interpretations in previous years.The fourth part is through the analysis of the cases retrieved by Internet platforms such as the website of judgment documents and the law letter,combined with the change of the judicial practice and the judicial status of the marital joint debt in the civil loan disputes before and after the promulgation of the Civil Code.The fifth part combined with the foregoing judicial practice analysis summarizes the difficulties existing in the identification of joint debt between husband and wife in the civil lending disputes;The sixth part,which is also the focus of this paper,puts forward some suggestions to improve the problems raised in the fifth part.