Research On The Rules For Identifying Joint Debts Of Husband And Wife In The Case Of Non-joint Debts And Joint Signature

Article 1064 of the "Civil Code" fully absorbs the content of Judicial Interpretation [2018] No.2,and reconfirms the rules for the recognition of joint debts established by Judicial Interpretation [2018] No.2 with a higher level of effectiveness,which reveals the satisfaction of our country’s legislature for the implementation effect of Judicial Interpretation [2018] No.2.The new recognition rules introduce the system of joint debt and co-signature,take daily family affairs as the starting point for recognition,further distinguish joint debts caused by joint life and join production and operation,and correct the burden of proof between creditors and non-lender spouses under the new recognition standards,which reflects the efforts made by legislators to find the best balance of interests of all parties.Although the current recognition rules of marital debt of husband and wife have introduced the joint debt and joint signature system,in reality,more husband and wife debts occur based on other reasons that are not joint debt joint signatures.Co-signature of joint debt reflects the autonomy of husband and wife in the legal act of the occurrence of joint debt,but it is more like an "initiative" than joint debt signed by non-joint debt with more complex causes.In practice,cases involving non-joint debt and joint debt are often the main type of trial practice in the determination of joint debt between husband and wife.The common debt that is not jointly signed by the debt has become a research hotspot in the academic circles due to the complex causes of debt,the difficulty in identifying the real purpose of the debt,and the different scales of judges.It is also the focus of this paper.After a systematic combing of marital joint debt legislative rules,this article make an assessment to the current recognition rules of marital joint debt of the Civil Code,although the current recognition rules have some progressive significance in the aspects of the typification of husband and wife debts,the adjustment of the burden of proof rules,and the establishment of the daily family agency system,etc,but there are still some regrets which reflected in the rule of uncertainty of related concepts,ambiguity of scope and lack of effective cohesion of settlement rules.At the same time,After the investigation of the current recognition rule of joint debt between husband and wife under the circumstance of non-co-debt signing,it is found that,although the number of couples debt dispute cases declined and the proportion identified as common debt fell,but there are some problems not completely solved--recognize whether the couple debt is used for family daily life,common life and operation.This is undoubtedly related to the uncertainty of related concepts and the ambiguity of the scope,which leads to inconsistent determination standards by judges in judicial trials.In addition,this article also inspects the system of marital joint debt in foreign countries from the perspective of comparative law,and analyzes the way in which the problem of identifying joint debt between husband and wife is dealt with in extraterritorial law,summarizes the experience of advanced legislation,such as strictly distinguish between common debt and personal debt,daily family agency system more complete and pay attention to the connection between recognition rules and repayment rules,etc.On this basis,the improvement of the recognition of marital joint debt from the perspectives of clearing legal nature,improving relevant systems,strengthening the review of debt use and the connection of relevant rules,so that the recognition of marital joint debt can play an ideal implementation effect.