On the“Time”Presumption Rule of Joint Debt of Husband and Wife: Analysis of Article 24 of the“Marriage Law InterpretationⅡ”
Sun Ruojun, Ph.D. in Law, Associate Professor of Renmin University Law School, Research Fellow of Civil and Commercial Law Research Center at Renmin University of China.
Abstract：The legal basis of applying the“time”presumption rule on the joint debt of husband and wife is the theory of joint
ownership in civil law.During the existence of the 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 reasons to
believe that the debt is for common life or is incurred under the consensus of husband and wife, unless either the husband
or wife is able to prove that the creditor and debtor have clearly stipulated it as a personal debt or to show they come to
an agreement that the property incurred during the existence of marriage to be owned by each party if the creditor has the
knowledge of the said agreement.
孙若军. 论夫妻共同债务“时间”推定规则[J]. 法学家, 2017, 0(1): 146-154.
SUN Ruo-Jun. On the“Time”Presumption Rule of Joint Debt of Husband and Wife: Analysis of Article 24 of the“Marriage Law InterpretationⅡ”. , 2017, (1): 146-154.
2017, 
