A Study On The Judicial Application Of The Joint Debt Rule Of Spouses Under The Civil Code

With the improvement of legal provisions and judicial interpretations,the provisions of Article 1064 of the Civil Code of the People’s Republic of China on joint debts of spouses are of great significance,but there are still different judgments in the same case and confusion in the judicial application of the rules for joint debts of spouses,which exposes the unclear determination of the non-express joint intention of spouses,unclear definition of the scope of the daily life needs of spouses,and confusion about the living together of spouses.Confusion in understanding of joint production and business behavior.The reason for the above-mentioned judicial chaos is that the legal provisions are still relatively macroscopic,the theoretical basis and value orientation are not uniform,and they are constrained by the particularity of the spouses debts themselves,and to solve these problems,it is necessary to clarify the legal basis of judicial application,that is,based on the theory of legal acts,and insist on balancing the internal and external property relations of the family in the adjudication value orientation.Specific to judicial application,it is necessary to strictly determine the expression of the common intention of spouses,and limit the scope of the family’s daily life needs in combination with ends and means,while the judgment standard of "consensual participation" should be adhered to for spouses living together,joint production and operation,and at the same time,the creditor’s evidentiary requirements should be further refined.