Selected Papers of the Jurist (法学家) Volume 7
Edited by Jichun Shi
Chapter 8: On the ‘time’ presumption rule of joint debt of husband and wife: analysis of Article 24 of the ‘Marriage Law Interpretation II’
The legal basis of applying the ‘time’ presumption rule to the joint debt of husband and wife is the theory of joint ownership in civil law. During a marriage, if either the husband or wife files a claim for a personal debt in the name of one party, the debt shall be treated as a joint debt of the husband and wife if the creditor has reason to believe that the debt is for common life or is incurred under the consensus of husband and wife. However, the rule does not apply if either the husband or wife is able to prove that the creditor and debtor have clearly stipulated it as a personal debt or can show they came to an agreement that the property incurred during the existence of marriage was to be owned by each party, and the creditor has knowledge of the said agreement.
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