Research On The Identification Of Marital Joint Debt Under The Background Of Civil Code

Article 1064 of the Civil Code establishes rules for the identification of joint debt disputes between husband and wife,which in fact continues and integrates the content of the Judicial Interpretation of Marital Debt in 2018 on the identification of joint debt between husband and wife at the level of the code.From the perspective of judicial practice,the rules for determining joint debt between husband and wife reduce the number of judicial cases of joint debt disputes between husband and wife to a certain extent,and obtain good results;At the same time,the appeal rate of joint debt dispute cases between husband and wife has risen,many facts are identified differently,and the judicial phenomenon of different judgments in the same case is serious.Although the rules for the identification of joint debt between husband and wife have been canonized,new problems can not be ignored.How to improve the rules for the identification of joint debt between husband and wife and better resolve the disputes between husband and wife debt is a topic that lawmakers and legal scholars need to continue to study deeply.This paper sorts out and analyzes the evolution process of the rules for the recognition of joint debts between husband and wife in China and the establishment of current norms,analyzes the characteristics and defects of different identification standards,and also points out the conflicts of interest behind the current legal provisions.It includes the internal conflict of interest in the marriage relationship,the conflict of interest in the external relationship of the marriage,and the value conflict between the marriage security protection and the social transaction security protection.After the promulgation and implementation of the Civil Code,it puts forward the new problems about the identification of joint debt between husband and wife in judicial practice,and also puts forward the identification ideas for three types of debt.Finally,on the basis of the identification ideas,further explore the path to improve the identification of joint debt between husband and wife,through the construction of the identification rules agreed by the husband and wife,improve the daily family agency system and refine the identification of joint production and management between husband and wife under different organizational forms,can better provide effective help for the judge in practice to apply the provisions of joint debt between husband and wife to solve debt disputes.