In practice, many spouses owe huge debts due to illegal acts such as gambling and drug use, and creditors often find the trouble of their spouse and urge them to pay their debts. This time, the new rules make it clear that none of these debts are protected by law. In case of intimidation or threat of violence by creditors who have illegally borrowed money, the parties may choose to report to the police to protect their own safety.
The original Article 24 stipulated that unless a spouse can prove that the debt is a creditor s debtor has clearly identified as personal debt; or between husband and wife, the property during the marriage is agreed to be their own, and the debt is repaid by their property, and the creditor Knowing this agreement can be considered personal debt. In other cases, it is generally regarded as a joint debt of the husband and wife.
In practice, some husband and wife debts were secretly borrowed in the name of the individual, and the victim did not know. According to the original Article 24, many cases will be presumed to be the joint debt of the husband and wife on the ground that the creditor does not know that it is personal debt. The newly added regulations clearly stated that a spouse who has not borrowed money shall not be required to bear civil liability without trial. In the trial of a case in which a spouse borrows money in the name of a spouse, in accordance with the relevant provisions of the Judicial Interpretation of the Civil Procedure Law, the spouse and the other parties in the case should be summoned to the court in principle, and the relevant parties and witnesses should be required to sign the guarantee during the trial. Where an unnamed borrower cannot provide evidence, but can provide evidence clues, the people s court shall investigate and obtain evidence based on the parties applications. I n addition, those who forge, conceal or destroy evidence shall be punished according to law.
(2) If a spouse colludes with a third party to create a fictitious debt, and the third party claims rights, the people s court will not support it. Sanctioning a spouse for cooperating with a third party in a false lawsuit for forging debts . For crimes involving false lawsuits, especially crimes of fictitious debts, the clues and materials of the crime shall be transferred to the investigating agency according to law.
If the creditor claims that the debts borne by one spouse are common debts of the spouse, the people s court shall combine the specific circumstances of the case, and in accordance with the relevant laws and regulations, the relationship between the parties and their attendance , the amount of the loan, the credit voucher, the payment of the money, and the economics of the party Ability, local or inter-party transaction methods, transaction habits, changes in the party s property, facts and factors such as party statements, witness testimony, etc., to comprehensively judge whether debts have occurred.
The above four aspects are the changes made to the new marriage law, and detailed explanations are given. In this way, the legitimate rights and interests of both spouses are better protected, and when problems arise in the event of a marriage breakdown, rights can be safeguarded in accordance with new relevant regulations.