[Case of the case] The spouse of the husband and wife's investment failure must repay the debt

The identification of the common debt of the husband and wife in the private lending case is a complex legal issue. Regarding whether the spouse should bear the common repayment responsibility for the debt owed by the husband and wife during the marriage period, the court needs to be comprehensively judged by factors such as the amount of debt, the flow of funds, the relationship between husband and wife, family income, and local economic development. Recently, the Huanghua Court tried a civil loan case together. The plaintiff Zhang sued the debtor Li's wife Liu, who asked the defendant Liu to bear the common repayment responsibility for the debt owed by Li's investment failure. ask.

At the end of 2015, the plaintiff Zhang and Li signed a pharmacy cooperation business agreement, agreed that the two to operate a chain pharmacy together. During this period, Li borrowed from Zhang in his personal name. At the beginning of 2016, the above -mentioned pharmacy cooperation operation agreement signed by the two parties terminated. After liquidation, Li Mou owed Zhang Mou 2.7 million yuan. Zhang complained Li to the court, and the two sides reached a mediation. The court issued a mediation letter to confirm that the above payment Li should be repaid at the end of March 2017. Because Li failed to repay on time, the plaintiff's application for the application of the above case and filed a complaint to the Huanghua Court. On the grounds of the defendant Liu and Li, the husband and wife of Li Mou advocated that the above -mentioned debt department's marriage relationship was negative. Liu should be liable for liability for the above debt.

According to the court, according to the \"Explanation of the Supreme People's Court on the Application of Laws Related Legal Issues on Trial Cases involved in the trial involving couples' debt disputes,\" Even if the husband and wife's property share after marriage, the liabilities of one party, especially the large debt needed by the daily life of the family, should also get an unanimous opinion with the other party, or for the common life of the husband and wife, otherwise it cannot be identified as the common debt of the husband and wife. First of all, during the case of the plaintiff of the debt department of 2.7 million yuan in this case, Li was borrowed from the plaintiff in his personal name, and the amount was huge, which obviously exceeded the normal daily needs of the family. Non -investor, let alone participating in operation, the defendant did not prove that Li used the operating income of the pharmacy to live together with the defendant Liu and Li's husband and wife. Unde -the -way confirmation. Therefore, the court did not support the plaintiff Zhang's claim that Liu had a liability for liability for liability for liability for Li.

[Judge's statement]

The identification of the common debt of husband and wife in the trial practice is a complex legal issue: on the one hand, it is necessary to crack down on some husbands and wives to avoid the \"fake divorce\" behavior to damage the legitimate rights and interests of creditors On the other hand, it is also necessary to prevent the husband and wife from maliciously stringing to damage the interests of the spouse.

Article 1064 of the Civil Code stipulates that: the co -signed signed by the husband and wife or the co -consent of the husband and wife afterwards should express the debt, and the husband and wife party during the marriage relationship. The debt that needs daily life, belongs toHusband and wife joint debt. During the marriage duration of the husband and wife, the debt that exceeds the needs of the family's daily life during the marriage duration, and does not belong to the joint debt of the husband and wife. The above laws are stipulated as the main legal basis for determining the joint debt of the husband and wife. In short, the standards for identifying the common debt of husband and wife are: 1. Whether the debt is used for family life; 2. Whether it exceeds the needs of daily life; Whether the husband and wife have the will to operate together. Therefore, the liabilities of the husband and wife during the marriage relationship do not necessarily be repaid by both the husband and wife. It must meet the above legal conditions before it can be identified as the joint debt of the husband and wife. Of course, the Civil Code also provides the creditors with a relief way. As long as it can prove that the debt is used for husband and wife's common life, production and operation, or husband and wife, it still belongs to the joint debt of the husband and wife.

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