2, regardless of whether the divorce, are husband and wife **** the same debt, divorce does not affect the debt.
Supreme People's Court on the application of the Chinese people's **** and the State Marriage Law on a number of issues of the interpretation of Article 23 (2) provides that: the creditor on the personal debt incurred by a party to the debtor's spouse to claim the rights of the people's court does not support. However, the creditor can prove that the debt incurred is used for the family *** living together after marriage, except.
Personal debts of one of the spouses, according to the "Supreme People's Court on the People's Court on divorce cases to deal with the division of property issues of a number of specific opinions," Article 17, the following circumstances can not be recognized as a husband and wife **** the same debt, should be dealt with according to the personal debt, one of the parties to the personal property to pay:
(a) both spouses agreed to bear the debt of the individual, but to avoid the purpose of the debt;
(a) both spouses agreed to bear the debt, but with the exception of
(b) one party without the consent of the other, unauthorized funding and has no obligation to support the relatives and friends of the debt;
(c) one party without the consent of the other party, alone to raise funds to engage in business activities, and its income is not used for **** with the life of the debt;
(d) other debts should be borne by the individual. Couples *** together debt is to maintain the couple *** together family life, should be borne by both husband and wife *** together, with husband and wife *** together property for repayment; husband and wife *** together property is not enough to repay, should be the couple's personal property to repay.
The above was answered before September 16, 2016 Based on the legal provisions at that time.In 2020, after the promulgation of the new Civil Code and related supporting laws, for the husband and wife **** together debt, there are changes.
Article 1,064 of the Chinese People's **** and National Code
Husband and Wife **** Same DebtDebts incurred by both husband and wife **** with the same signature or by one of the husband and wife with the same meaning of **** with the same significance such as afterward, as well as debts incurred by one of the husband and wife in his/her personal name for the daily needs of the family during the period of marriage, belong to the husband and wife **** Same Debt.
Debts incurred by one of the spouses in his or her personal name during the marriage beyond the needs of the family's daily life do not belong to the husband and wife **** the same debt; however, the creditor can prove that the debt is used for the husband and wife **** the same life, **** the same production and management, or on the basis of the husband and wife **** the same meaning of the expression of the exception.
Authoritative views
Source: The Civil Division of the Supreme People's Court's "Interpretation of Relevant Issues Concerning the Application of Law to the Trial of Cases Involving Debt Disputes Between Husbands and Wives" and Reporter's Question and Answer
The principle of "signing a **** debt ****" clarifies and emphasizes the principle of signing a debt by both husband and wife **** or by one of the spouse afterward. The debt of both husband and wife **** signed or one of the husband and wife afterward recognized and other **** the same form of expression of meaning, belong to the husband and wife **** the same debt. This provision is intended to guide the creditor in the formation of debt, especially large debts, in order to avoid unnecessary disputes after the fact, to strengthen the risk prevention, as far as possible, to require the husband and wife * * * sign the same. This institutional arrangement, on the one hand, is conducive to protect the other spouse's right to know and consent, can be formed from the source of debt as far as possible to eliminate the spouse "was indebted" phenomenon; on the other hand, can also effectively avoid the creditor because of the subsequent inability to prove that the debt belongs to the husband and wife *** with the debt and suffered unnecessary losses. For the protection of transaction security and the legitimate rights and interests of husband and wife, has a positive significance. In practice, many commercial banks in the loan business, married people generally require both spouses *** with the signature. One party does have special reasons can not be present in person, must also submit a notarized power of attorney, otherwise no loan, this operation minimizes the risk of debt can not be paid, protects the legitimate rights and interests of creditors, and will not cause damage to the rights and interests of the husband and wife. "*** debt *** sign" principle of marriage law and spousal property *** have system and contract law contract relativity principle of organic convergence.
While the requirement of husband and wife "*** debt **** sign" may make the transaction efficiency is affected, but in the formation of the debt relationship to increase the transaction costs and the spouse's right to consent to the right to know the conflict, due to the husband and wife's right to consent to the right to know the relationship between the status of equality, autonomy and other basic legal Principles of equality of status, autonomy of meaning and the basic property rights of citizens and the right to personality, it should be prioritized. In fact, an appropriate increase in transaction costs is not only conducive to safeguard the security of the transaction, but also reduce the dispute afterwards, fundamentally improve the efficiency of the transaction.
Often referred to as "daily life of the family", the doctrine is called daily family affairs. Our national jurisprudence, marriage law, the general view that marriage is the husband and wife life **** the same body, in the scope of dealing with daily family affairs, husband and wife as each other's agent, which is the marriage of course, belongs to the legal agent. Although the Marriage Law does not explicitly provide for an agency system for daily family affairs, it can be concluded from the relevant provisions that husband and wife are each other's agents within the scope of daily family life. Article 17, paragraph 2, of the Marriage Law provides that "husband and wife shall have equal rights to dispose of all property owned by them." The right to equal treatment referred to here includes both the treatment of positive property and the treatment of negative property, i.e. debts. Article 17 of the Judicial Interpretation (1) of the Marriage Law provides: "The husband or wife has equal rights in dealing with the property of the husband and wife * * * together. Either party shall have the right to decide on the disposal of the couple's *** same property due to the needs of daily life." This provision covers the substance of the husband and wife's right to day-to-day family representation. Therefore, in the case where the husband and wife have not agreed on a separate property system or have agreed but the creditor is not aware of it, debts incurred by one of the spouses in his or her personal name for the daily needs of the family shall be recognized as debts of the husband and wife **** together.
National Bureau of Statistics statistics show that China's urban residents are mainly divided into eight categories of household consumption, namely, food, clothing, household equipment and maintenance services, health care, transportation and communication, recreation, education and services, housing, other goods and services. The scope of the daily life of a family can be determined with reference to the above eight categories of family consumption, based on the status of the couple*** living together (e.g., occupation, status, assets, income, interests, family size, etc., of both parties) and the general social habits of the local community. However, rural contractors have their own special characteristics, rural contractors generally take the family as a unit, the daily life of the family and the contracting behavior is often intertwined, the two are difficult to strictly distinguish, so in order to normal contracting debt, can be recognized as the family daily life needs of the debt. It should be emphasized that, the family daily life needs of the expenditure refers to the normal circumstances of the necessary daily consumption of the family, including normal food and clothing consumption, the purchase of daily necessities, child rearing and education, the elderly support and other expenses, is to maintain a family's normal life necessary expenses. Of course, with China's economic and social and people's family concepts, family life style of continuous development and change, in determining whether the family daily life needs to be expenditure, but also with the changes in society and change.
With China's economic and social development, urban and rural residents of the family property structure, type, quantity, form and financial management mode has changed a lot, people's living standards continue to improve, increasingly diversified life consumption, many couples of the *** with the same living expenses are no longer confined to the traditional family daily life consumption expenditure, but also includes a large number of expenditures beyond the scope of the daily life of the family, these These expenditures are at the disposal of both husband and wife for consumption, or are used to form the couple's **** common property, or are based on the husband and wife's **** common interest in the management of the **** common property, and belong to the scope of the husband and wife's **** common life in nature. Article 3 of the Interpretation states that the creditor is required to prove that the debt is "used for the husband and wife's **** life", which refers to the debt incurred by the husband and wife's **** life beyond the scope of daily life of the family as mentioned above.
The situation of husband and wife **** production and management is more complicated, mainly refers to the husband and wife **** production and management matters, or by one party, but the other party has authorized the situation. To determine whether the production and management activities belong to the husband and wife *** with the production and management, according to the nature of the business activities and the status and role of the husband and wife in the comprehensive determination. When a husband and wife engage in business activities, the provisions of the Company Law, Contract Law, Partnership Law and other laws and judicial interpretations shall apply as appropriate. Debts incurred by the husband and wife *** together in production and management generally include debts incurred by both parties *** together in industry and commerce, *** together in investment and purchase of means of production.
From the point of view of the distribution of the burden of proof, it can be divided into two categories: one is the family's daily life of the *** with the debt; the second is beyond the family's daily life of the *** with the debt. For the former, in principle, is presumed to be husband and wife *** same debt, the creditor does not need to prove; if the spouse of the debtor refutes that does not belong to the husband and wife *** same debt, it will prove that the debt is not used for daily life of the family. For the latter, although the debt is formed during the marriage and under the system of husband and wife **** same property, but in general is not ipso facto recognized as husband and wife **** same debt; the creditor claims that belongs to the husband and wife **** same debt, it should be by the creditor in accordance with the provisions of Article 64 of the Civil Procedure Law, "The parties to the claims made by themselves, the burden of providing evidence The creditor shall, in accordance with the provisions of article 64 of the Civil Procedure Law, "It is the responsibility of the parties concerned to provide evidence to prove that the debt belongs to the husband and the wife **** living together, or that the debt was incurred in the course of production and business, or that the debt was incurred on the basis of the intention of the husband and the wife to live together. If the creditor can not prove, it can not be recognized as husband and wife **** debt.
Here it is necessary to point out that the "Interpretation" of the first article of the *** with the same meaning of the husband and wife *** with the debt, and the creditor needs to prove that the debt is based on the husband and wife *** with the same meaning of the debt, is the same line of work. Loan contracts signed by both husband and wife, loan documents, and evidence of subsequent acknowledgement by one of the husband and wife or other evidence of the intention to incur the debt by telephone, text message, micro-letter, e-mail, etc., are precisely the evidence used by the creditor to prove that the debt is a debt incurred by both husband and wife. The above distinction is whether the daily life of the family formed a debt of different burden of proof rules, effectively solved the controversial protection of creditors' rights and interests and the protection of the rights and interests of the spouses who did not raise the debt of the balance of the problem.
Scholar's Opinion
Ran Keping: On the Types and Discharge of Debts of Husband and Wife **** Together--Analyzing the Legal Interpretation [2018] No. 2
"Husband and Wife **** Together Live" and" Husband and wife **** together production and business" determination (a) husband and wife **** together life and family interest standard
Doctrine usually believes that husband and wife **** together life includes husband and wife's life, production or business during the marriage relationship. Production and operation is a form of conjugal **** life, including both husband and wife **** investment, production and operation, and also includes one of the husband and wife engaged in production and operation activities, but the interests of the family **** enjoyment.
One of the husband and wife in his or her personal name to engage in the family's daily life of the transaction behavior and beyond the family's daily life of the husband and wife *** with life, husband and wife *** with the production and management of the debt, are husband and wife *** with the debt. However, there are the following differences between the two. (1) In terms of scope, the former is limited to the necessary and essential elements of the couple's **** life together, while the latter has a greater scope. (2) In terms of manifestation, the former is limited to contractual transactions, while the latter also includes debts arising from investments, resolutions and even torts. (3) From the degree of burden of proof requirements, in the former, the creditor only need to prove that the transaction matters to meet the needs of daily life of the family and has the appropriateness, usually based on daily life experience can be judged; in the latter, the creditor needs to prove that the debt is used for the husband and wife * * * the same life, the husband and wife * * * the same production and business, in the proof of the accuracy of the requirements of a higher degree. (4) from the relationship with the matrimonial property system, the former is not affected by the type of matrimonial property system, whether the matrimonial *** with the property system or separate property system, can be applied to the daily family agency; while under the separate property system, the matrimonial *** with the living and matrimonial *** with the production of the scope of the business is dependent on the specific agreement between the husband and wife.
In the case of husband and wife to adopt the legal property system, usually for the interests of the family as an important criterion for distinguishing between the husband and wife *** with the debt and personal debt, in particular, including the following four cases. (1) for the agreement of the debt, in principle, one of the husband and wife of the debt should be paid. The debt of external guarantee does not belong to the husband and wife **** the same debt. (2) For legal debts, if they are borne for the benefit of the family, they may be recognized as conjugal ****same debts, such as debts incurred by a cab driver for the livelihood of the family as a result of a traffic collision. (3) Debts incurred for the benefit of the family should be justified. Debts incurred as a result of theft, robbery, gambling, illegal fund-raising, illegal absorption of public deposits and other criminal acts by one of the spouses, even if they are for the benefit of the family, do not constitute a husband and wife **** the same debt. (4) Debts incurred for the benefit of the family shall be paid. One of the spouses shall be exempted from this limitation if he or she provides guarantees in his or her personal name or makes a gift of a larger amount to the outside world. (B) husband and wife *** with the production and management of judgment
Husband and wife *** with the production and management of debt must be for the benefit of the family in order to belong to the husband and wife *** with the debt. With husband and wife *** with life has a strong private different, husband and wife *** with production and business has a certain degree of public. In a market economy, the nature of the production and management of the subject and the status of the husband and wife in which the production and management of the production and management of the activities of the husband and wife *** with the production and management of an important basis for judgment. Specifically, it includes the following three situations. (1) One of the spouses is indebted for rural land contracting or individual business operation. Although Article 56 of the General Principles of the Civil Law distinguishes between individual business and family business, Article 43 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China (for Trial Implementation) makes an exception to the rule that, if one of the spouses is engaged in individual or contractual business, and his or her income is the spouse's **** property, then the spouse's **** property will be used to settle the debt. As individual businessmen and rural land contractors are usually husband and wife **** in the same production and operation, this makes the boundary between the husband and wife **** debt of the "two households" and the personal debt of the contractor rather blurred. The creditor to prove that one of the husband and wife debt for rural land contracting or individual business operations, can be recognized that the debt for husband and wife **** the same debt. (2) the company's shareholders or business partners for husband and wife (husband and wife enterprise), or both husband and wife are controlling shareholders of the company or as a director, general manager or supervisor of the company and other important positions (including as anonymous controller of the situation). In the operation of such an enterprise, since both spouses **** together or participate in the operation, if one of the indebted parties invests or lends to a company or partnership the funds obtained by incurring debts in his or her personal name, the spouse of the indebted party, as an important member participating in the operation of the enterprise **** together, shall be aware of the use of such indebtedness. Unless the spouses have separate property regimes, the benefit is necessarily in the interest of the family. Therefore, the debt incurred in this case shall be a joint debt of the husband and wife. (3) If one of the debtors is the person in charge of the engineering department of a construction project and his or her spouse is involved in the operation, and if the person in charge of the project uses the debt incurred for the construction of the project, it shall also be presumed that the other spouse is aware of the fact that the benefit from the debt belongs to the family, and the debt incurred shall also be a conjugal ****same debt. In summary, under the conjugal *** same property system, if the conjugal group is embedded in the framework of the enterprise management organization, both spouses have *** same management, participate in the management or have the corresponding appearance, and the debt incurred externally by one party is used to invest in the enterprise, and the other party knows or should have known about it based on the reason of management, it can be presumed that the benefit obtained from the debt is a family interest, and the debt incurred by the spouse is a conjugal *** same debt. The debt is a conjugal **** debt.
On the contrary, if the debtor spouse is not actually involved in the management of the enterprise, such as one spouse will be actually used for his or her own company as a minority shareholder, or used for financial investment or lending to others for interest, or used for his or her own or with other people *** with the management of the company, etc., because the other spouse may be completely unaware of this, in the social context emphasizing the independence of the personality, the borrowing or In the context of a society that emphasizes independence of personality, it is not obvious that the loan or investment is truly for the benefit of the family. In this case, the creditor should require the debtor to implement the "*** debt *** sign", otherwise only request the debtor to assume responsibility for the settlement of the debt, and can not request the spouse to assume joint and several liability, unless the creditor can prove that the debtor is indeed for the benefit of the family.
Shi Jiayou:The rules for determining a husband and wife's **** debt: from a piecemeal approach to a different kind of debt -- commenting on the Supreme People's Court's "Interpretation of Relevant Issues Concerning the Application of Law to the Trial of Cases Involving Debt Disputes Between Husbands and Wives"
First of all, the debt contracted with the meaning of **** belongs to the debt of the **** together. According to the new interpretation, *** same meaning is mainly husband and wife *** same signature or one of the husband and wife afterward. From the principle of the relativity of debt, this provision is certainly more reasonable; contract in principle can only bind the contracting parties, can not be bound to the third party outside the contract; if both husband and wife signed the agreement, the agreement on the husband and wife to occur *** with the binding effect, of course, is the meaning of the right. In addition to the *** same signature, the prior signature of one party and the subsequent ratification of the other party may be regarded as a concurrent act of assumption of debt, the latter being jointly and severally liable for the performance of the debt. This provision is clearly justified in jurisprudence. Secondly, family debts contracted by one of the parties in his or her personal name for the daily needs of the family belong to mutual agency and should be regarded as ****same debts. Considering that both husband and wife are members of the ****same organization of the family, they live together and raise their children for the purpose of ****same living, in the process of which they both have equally important obligations for the maintenance and development of the family ****same organization. Therefore, both parties have, in principle, equal authority over the day-to-day affairs of the family; one party makes reasonable expenditures for family affairs without the prior consent of the other party, and the consequences of such expenditures are, of course, for the other party, and such debts shall be regarded as debts of the husband and the wife **** together. Thirdly, debts incurred by one party in his or her own name in excess of the daily needs of the family are, in principle, personal debts; unless the creditor can prove that the debt was incurred for the purpose of living with the husband and wife, or for the production and operation of the same business, or on the basis of the same intention of the husband and wife. This article is aimed at the comparative law of "business debts"; this is probably the biggest change in the new interpretation compared to Article 24 of the Second Judicial Interpretation of the Marriage Law. This article contains three major changes: first, a party in his or her personal name beyond the family's daily needs of the debt, in principle, belongs to the personal debt; and according to article 24, during the marriage, one spouse in his or her personal name to claim the right of the debt, in principle, is presumed to be the husband and wife **** with the debt. Obviously, article 24 is presumed to be *** same debt, while the new interpretation is presumed to be personal debt, which is a major shift in judicial policy. Second, the burden of proof to rebut the presumption. Article 24 requires one spouse to bear the burden of proof to rebut the presumption; under the new interpretation, the burden of proof is on the creditor. Lastly, Article 24 recognizes that the burden of proof for rebutting the presumption is limited to the spouse's ability to prove that the creditor and the debtor explicitly agreed that the debt was personal, or that a third party was aware of the couple's property agreement; whereas the new interpretation includes that the debt was used for the couple's *** life, *** production and business, or was based on the husband and wife's *** agreement.
Related Cases
(2019) Supreme Court Min Shen No. 1554
(1) On the question of whether the debt of RMB 8589,159.13 assumed by Yu Kaigang belongs to the debt of husband and wife, Zeng Xiaowei, and Yu Kaigang, who are ****ing together. In this case, YuKaiGang and ZengXiaoWei husband and wife during the survival of the relationship, foreign construction works in the process of fire, by the effective judgment to bear compensation 8589159.13 yuan of debt, the cause of the debt for property damages, naturally, there is no ZengXiaoWei signed consent or afterward to recognize the problem. From the YuKaiGang and ZengXiaoWei on November 1, 2011 signed the "divorce agreement" can be seen, both sides of the *** with the property in addition to housing, cars and other living property, but also includes land, forest land, store, taihe company equity and other productive assets, should be regarded as ZengXiaoWei with the YuKaiGang *** to enjoy the benefits of production and operation. Yu Kaigang foreign construction projects are normal production and operation, the resulting debt should also be regarded as husband and wife *** with life, *** with the production and operation of the debt. Zeng Xiaowei only claimed that at the time of the fire, the two parties were in a state of separation, which was insufficient to prove that the debt incurred by Yu Kaigang was a personal debt, and was also insufficient to fight against the creditors. Therefore, the trial court found that the debt of 8589159.13 yuan borne by Yu Kaigang was the husband and wife **** debt of Zeng Xiaowei and Yu Kaigang, and that Zeng Xiaowei was not improperly held jointly and severally liable for the debt.
(2019) Supreme Court Civil Re-378
On the question of whether Liu Qiangyan should bear *** same repayment responsibility. The loan in question actually occurred during the existence of the husband and wife relationship between Liu Guanyan and Dong Satellite, and Dong Satellite is *** with the borrower. Because of the use of the loans agreed for the development of Anyang Red Banner Plaza project, according to the original first instance, re-examination of the facts, Anyang Red Banner Plaza project is still to be developed, whether the loans are put into the development of the project is unclear; if the loans have been used for the development of the project of Anyang Red Banner Plaza, it should be determined that Liu Guanyan does not bear *** with the responsibility of repayment. If the loan is not used for the development of Anyang Red Banner Plaza project, in view of the Dong satellite, Liu Qiangyan are the shareholders of Beijing An Rongda Pharmaceutical Science and Technology Development Company Limited, and on November 11, 2011 in the name of Liu Qiangyan to buy the Guotai office building is the Guanghao real estate company business registration address and the actual office address, the money involved in the case may be involved in the project used for the Dong satellite, Liu Qiangyan * * * the same business, that is to be Belong to the husband and wife *** with the debt.
(2019) Supreme Court Min Shen 4743
Third, on the case of whether the debt belongs to the husband and wife **** the same debt, Wang Yilin, Yan Ming should be jointly and severally liable for this issue. Zhou yingzhi and yan ming is husband and wife, zhouqing is the son of zhou yingzhi. Zhou Qing and Wang Yilin were originally husband and wife, and during the first trial of this case, they divorced on November 22, 2016 by agreement. Evidence in the case shows that Zhou Qing, Zhou Yingzhi and Xiang Hua, Feng Jianguo for many years of friendship, Xiang Hua, Feng Jianguo to support Zhou Qing, Zhou Yingzhi production from April 2009, many times to its borrowing, the case of the borrowing debt formed in the Zhou Yingzhi and Yan Ming, Zhou Qing and Wang Yilin husband and wife during the period of existence of the relationship. Wang Yilin, Yan Ming in the first instance did not reply, in the first instance after the verdict of joint and several liability also did not appeal. Wang Yilin in the application for retrial recognized the case before the occurrence of a similar case, Zhou Qing in the name of personal loans, the creditor to the debt for the husband and wife *** with the debt on the grounds of Wang Yilin *** with the repayment of the responsibility and won the people's court support. Wang Yilin repeatedly with Zhou Qing to assume *** with the repayment of responsibility and did not object, reflecting its recognition of the Zhou Qing borrowed for the husband and wife *** with life, *** with the fact of production and business. Yan Ming, Wang Yilin application for retrial, this case should be applied during the second trial of the implementation of the "Supreme People's Court on the trial of debt disputes involving husband and wife on the interpretation of the relevant issues of the law", but it did not provide evidence to prove that this case there is the "Supreme People's Court on the law on the proper trial of cases involving husband and wife on the debt of the relevant issues of the notice of article 2" of the provisions of the husband and wife and creditors in bad faith to harm the other party, the other party without knowledge of the other party, the other party in the case. However, it did not provide evidence to prove the existence of Article 2 of the Circular of the Supreme People's Court on the Proper Trial of Cases Involving Spousal Debt in accordance with the Law, which stipulates that one of the spouses conspired with the creditor to harm the other spouse and the other spouse was burdened with a huge amount of debt without any knowledge of it.
Classic Cases
1.The burden of proof of whether the debt borrowed by one of the spouses is a ****same debt--Chen Jinke et al. v. Xu Yinbolt et al. Loan Contract Dispute Case
Source: People's Justice - Cases, Issue No. 32, 2018
Rule of Decision
The husband and wife If a party borrows a debt in his or her personal name during the marriage that exceeds the needs of the family's daily life, the creditor believes that it is a debt of the husband and the wife **** the creditor shall present evidence that the debt is used for the husband and the wife **** to live together, to **** the same production and operation, or is based on the husband and the wife's **** the same expression of meaning, and the husband and the wife who has not raised the debt does not bear the burden of proof in this regard; the debt that does not exceed the needs of the family's daily life is presumed to be a debt of the husband and wife. *** same debt, one spouse that does not belong to the husband and wife *** same debt, need to bear the burden of proof.
2. The creditor shall bear the burden of proof if the creditor claims that the debt raised by one of the spouses in partnership with others during the marriage is a conjugal ****same debt - Ye Deli and Chen Juliang and other loan contract disputes
Source: "People's Justice - Cases," Issue No. 20, 2018
Decision Rules
Where one of the spouses incurs a debt in partnership with another person during the marriage, the creditor's claim to the right on the ground that it is a debt of the husband and wife **** together shall not be supported, unless the creditor is able to prove that the debt is used for the husband and wife's **** together life, **** together production and management or based on the husband and wife's **** together expression of intent.
3. The creditor knows that one of the husband and wife's loan is not used for husband and wife *** same life should not be recognized as husband and wife *** same debt - Lin Mou, Chen Moye and Fujian Chunqiu Culture Development Co. Except where both parties have expressed the same intention. One of the husband and wife as a borrowing intermediary to the creditor issued a loan note, the amount of borrowing far exceeds the daily needs of the creditor, the borrowed money actually by the creditor into the account of a third party has nothing to do with the husband and wife and by the third party at the disposal of the creditor, the creditor is aware of the identity of the husband and wife as a borrowing intermediary as well as the flow of money, it should be recognized as a loan is not used for the husband and wife to live together and **** the same production and operation, and also based on Both husband and wife * * * * the same intention, the loan should not be recognized as husband and wife * * * same debt.
4. During the marriage, due to daily life or *** with the production of reasonable debt for husband and wife *** with debt - Shandong HaoXi economic and trade limited company and ZhuJunQiang, XuPing civil loan dispute appeal case
Rules of decision
One of the husband and wife during the relationship of debt, whether it is a husband and wife *** with debt. The case of the husband and wife, whether or not the husband and wife *** same debt should not be based only on the survival of the marriage relationship, but also to examine whether the money is *** same life burden. Reasonable debts incurred during the marriage for the purpose of daily living or **** production, even if incurred by one of the parties, shall be regarded as debts incurred by the husband and wife ****. However, for matters beyond the couple's right to act in their daily affairs, both spouses shall consult on an equal footing and reach a consensus. If another party has reason to believe that it is an expression of the same meaning as that of the husband and wife, the other party may not rely on his or her disagreement or lack of knowledge as a defense against a bona fide third party. The third party shall bear the burden of proof of his or her "reasonable belief".
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Source: The House of Law, Shandong High Law
Original title: "Legal Practice: Understanding and Application of Article 1064 (Scope of Husband and Wife's **** Debt) of the Civil Code."