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《Oriental Law》 2019-01
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The Principle of “Joint Debts, Both Signatures” Should be Written into the Civil Code

Ye Mingyi;  
How to define the joint debt of husband and wife is the core content of marriage law, and it should not wait for the specific judicial interpretation. Instead, the Civil Code should clarify the principle of "joint debts, both signatures". It is only some idea for granted that"because the husband and wife enjoy the common property, so as the debt". There are no such precedents in the comparative law, also, it ignores the easy realization and easy proof of the exception to"common property", the inconsistency between the limited"common property"and the unlimited "joint debt", the differences between behavior of increasing interests and adding burden. It follows that the amount of debt should not be used as a decisive criterion for"family daily life". Finally, it is necessary to strictly limit the scope of joint production and management of spouses to prevent arbitrary expansion. At the same time, "may benefit together"does not mean"will definitely benefit together".
【CateGory Index】: D923.9
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