Criteria for Determining Joint Debt between Spouses in Cases of Unilateral Infringement
There is room for the establishment of joint marital debts arising from the external infringement committed by one of the spouses,but the provisions of Article 1064 of the Civil Code on joint marital debts cannot be applied to unilateral infringement type joint marital debts.The relevant provisions of the Property Rights and Tort Liability sections of the Civil Code are also insufficient as a basis for the determination of such joint marital debts,and the criteria for such a determination need to be redefined.On the basis of considering the abstract criteria for determining joint marital debt and the characteristics of unilateral infringement type joint marital debt,"family interests and accompanying risks"should be taken as the criteria for determining unilateral infringement type joint marital debt.The scope of family interests includes direct and indirect interests,economic interests,and livelihood interests;The scope of risks associated with living together includes the tort liability that the infringer should bear based on fault or no fault,while the tort liability caused by the infringer's intention should be excluded from the scope of risks associated with living together in principle.On the premise that the infringement liability of one spouse falls within the scope of risks associated with joint living,the non-infringing spouse should bear the burden of proof that the infringement has not benefited the family.If the evidence can not be provided,it should be recognized as a joint debt of the couple.
debt of infringementjoint debt between spousesfamily interestsaccompanying risksburden of proof