Renmin Chinese Law Review
Show Less

Renmin Chinese Law Review

Selected Papers of the Jurist (法学家) Volume 7

Edited by Jichun Shi

Renmin Chinese Law Review, Volume 7 is the fourth work in a series of annual volumes on contemporary Chinese law which bring together the work of recognized scholars from China, offering a window on current legal research in China.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 8: On the ‘time’ presumption rule of joint debt of husband and wife: analysis of Article 24 of the ‘Marriage Law Interpretation II’

Sun Ruojun


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.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.