On the cognizance and settlement of joint debt in tort dispute by one spouse
Article 1064 of the Civil Code addresses the types of joint debts for spouses in cases of contractual obligations,but it does not clearly define whether debts arising from tortious acts by one spouse leading to statutory damages are considered joint debts,nor does it specify how they should be settled.Considering the marital ethos of spousal unity and the principle of protecting the victim in tort cases,it is feasible to interpret Paragraph 2 of Article 1064 purposively to include debts arising from tortious acts committed by one spouse for the joint benefit of the couple(including their communal life or joint business operations)as joint debts.In settling these debts,considering the unpredictability of the tort and the protection of the vulnerable position of the victim,the burden of proof of the plaintiff namely the creditor,should be appropriately reduced,and the spouse of the debtor should bear the limited joint and several liability,so as to achieve the balance of interests between the victim and the spouse of the perpetrator who are not at fault.
tort by one spousejoint spousal debtsbalance of interests
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