A Study of the Legal System on Joint Spousal Responsibilities for Debts in China

DOI

10.2991/978-2-38476-040-4_16How to use a DOI?

Keywords

Spouses joint debt; Determination; Family Representation

Abstract

With the continuous development of the social economy, there are more and more joint debts between husband and wife. The joint debts of husband and wife involve third parties of interest, and the proper recognition of joint debts of husband and wife helps maintain social harmony and family stability. In this article, the provisions of the Civil Code on joint debts of husband and wife are analyzed in depth, taking into account the judicial practice in China. The joint debts of spouses are a vital adjustment object of marriage and family law, a complex and complicated issue in judicial practice, and has received wide attention. The Civil Code and relevant judicial interpretations provide rules for the determination of joint debts of spouses, but based on the complexity of the formation of joint debts of spouses, the determination of joint debts of spouses is still a problematic issue in judicial practice. This paper is divided into four parts. The first part introduces the general theory of joint debts of spouses, including the concept, characteristics, and types of joint debts of spouses. The second part analyzes the current situation of the determination of joint debts of spouses. It puts forward the problems such as the unclear characterization of the family agency system, the consensual defects of the rules of the joint signing of joint debts, the lack of rules for the determination of debts of one spouse in tort, and the lack of rules for the determination of joint debts of spouses during the cooling-off period of separation and divorce. The third part examines the current legislation on joint debts of spouses in foreign countries. Finally, the fourth part puts forward corresponding suggestions for improvement given the main problems in the determination of joint debts of spouses, taking into account the legislative experience in foreign countries.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Qingchen Zhong
AU  - Jiacheng Zhong
AU  - Liwei Zhang
PY  - 2023
DA  - 2023/04/24
TI  - A Study of the Legal System on Joint Spousal Responsibilities for Debts in China
BT  - Proceedings of the International Conference on Education, Humanities, and Management (ICEHUM 2022)
PB  - Atlantis Press
SP  - 167
EP  - 177
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-040-4_16
DO  - 10.2991/978-2-38476-040-4_16
ID  - Zhong2023
ER  -