On The Determination Of Joint Debts Of Husband And Wif

The rules on the recognition of joint debts of husband and wife in the Civil Code are constructed on the basis of the collation and abandonment of the relevant provisions in the past,in response to the hot issues of today’s society while also making more prudent and reasonable institutional arrangements,but in the process of judicial trial,there are still operational difficulties,and even the phenomenon of different judgments in the same case.Although the law in China for what standard should be taken to reasonably identify the issue of joint debts of husband and wife has been clearly defined,but the content of the joint debts of husband and wife still have some places to explore and study.In this paper,first of all,the legislative and judicial interpretation of the rules for the recognition of joint debts of husband and wife in China is sorted out and examined,and the value orientation and changes in jurisprudential logic reflected in the changes in the rules are analysed,and the rules are recognized as having gone through the "use theory","time theory" to "This change emphasizes the superiority of using the legal act theory as the basis of jurisprudence.Secondly,based on Article 1064 of the Civil Code on the rules for the recognition of joint debts of spouses,the three typical types of debts in separate chapters are examined,as well as the connotation and extension of guarantees,tort disputes and special types of debts under abnormal marital status,and the current problems and causes of recognition are analysed,including several aspects: controversial recognition when the external intention of one of the spouses is unclear,the needs of daily family life The scope of the law is unclear,the rules applicable to joint production and operation are not uniform,and the question of how to identify debts in unconventional marital situations such as infringement by one of the spouses,separation and the cooling-off period of divorce.Finally,on the basis of the analysis of the problems,suggestions are made for the improvement of the criteria for the recognition of joint matrimonial debts in China,suggesting that the recognition of joint signature acts and retroactive expressions of intent should be clarified,the needs of daily life of the family should be clarified while its scope should be strictly limited,a combination of formal and substantive criteria should be adopted to judge joint matrimonial production and operation,while the rules for recognition in different forms of organization should be refined,and debts in tort should be The system of joint matrimonial debts should be incorporated into the system of joint matrimonial debts,distinguishing whether one party’s tortious acts and acts of guarantee benefit the family and the extent of the benefit,and suggesting that a property registration system for irregular matrimonial status may be established as well as a judicial interpretation that lists typical examples to remind third parties of transactions and stipulates their duty of care.