A Discussion of the Community Debt on Husband and Wife in China

DOI

10.2991/emle-18.2018.148How to use a DOI?

Keywords

community debt of husband and wife; separate debt of spouse; community property regime; liability for satisfaction

Abstract

The Art.41 of the Marriage Law defines the community debt on husband and wife in “used in common life”, namely the goal-direction principle, which leads to fake divorce of spouses to escape debts. It is hard for creditors to collect evidences, so their interests cannot be protected. The Art.24 of Marital Judicial Interpretation II of the Supreme People’s Court defines it “during the marriage”, also namely presumption principle, which significantly protects the interests of creditors. The Judicial Interpretation of the Supreme People’s Court on Spousal Debt reduces the excessive preference to creditors in the Art.24. However, the supreme people’s court still has misunderstandings on the spousal community debt and shall make the scope of “daily needs of family life” clear. The root reason of the problem is the lack of the community property management system. To improve the community debt on husband and wife, the Law shall be stipulated that the personal property of the debtor’s spouse should not be responsible for the community debt in principle, and the personal debt which is not used for the community life can also be paid off with part of the community property on husband and wife.

Copyright

© 2018, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Wu Haiting
PY  - 2018/12
DA  - 2018/12
TI  - A Discussion of the Community Debt on Husband and Wife in China
BT  - Proceedings of the 4th International Conference on Economics, Management, Law and Education (EMLE 2018)
PB  - Atlantis Press
SP  - 773
EP  - 777
SN  - 2352-5428
UR  - https://doi.org/10.2991/emle-18.2018.148
DO  - 10.2991/emle-18.2018.148
ID  - Haiting2018/12
ER  -