Research on the Determination of Joint Debt of Husband and Wife

Abstract

The identification of joint debt is in a fundamental position in the settlement of marital debt disputes, but the existing research has exposed the defects of insufficient connection between procedures and entities. On the basis of systematically interpreting the rules for determining the joint debt of husband and wife, through the case situation, it can be found that there are problems such as value imbalance, vague standards and mechanical application of the rules of proof in Article 1064 of the Civil Code. Based on this, targeted suggestions for improvement can not only help the couple’s debt disputes to be properly handled, but also effectively respond to the legislative expectations of “summarizing practical experience”, promote the couple’s debt litigation rules to get rid of the “extreme” legislation, and gradually realize the balance of multiple values.