A Study of Some Problems of Parties in the Litigation Concerning the Joint Debt of a Couple: A Consideration Based on Contractual Obligations

In the litigation concerning a couple's common debt, if there is some conflict between a couple's joint debt rules according to Marriage Law and its judicial interpretation and relevant principles of contracts, what it faces first is the solution of parties' problems, i.e. their eligibility. If necessary, both husband and wife can be treated as defendants. But the solution of this problem cannot be separated from the judgment of the joint debt of the couple. In judicial practice, considering the heavy burden of the judge and respect of accuser, we do not take both husband and wife as defendants. Between the choice of the two, there exists a contradiction which needs to be balanced. The correct and reasonable solution of the party problems in litigation of a couple's common debt can not only protect the legal interest of litigation participants and the parties involved, avoid the emergence of new issues, but help to resolve disputes and coordinate contradictions.