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

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.