Determine a Debt Incurred by One Spouse for External Guarantee as the Couple's Joint Debt

 2018-08-11  69


  • Document NumberNo. 9 [2015] of the Civil Division I of the Supreme People's Court
  • Area of LawMarriage,Family Support,Adoption,and Inheritance Civil Law
  • Level of AuthorityDocuments of Judicial Interpretation Nature
  • Issuing AuthoritySupreme People's Court
  • StatusEffective

Reply of the Civil Division I of the Supreme People's Court on Whether to Determine a Debt Incurred by One Spouse for External Guarantee as the Couple's Joint Debt
(No. 9 [2015] of the Civil Division I of the Supreme People's Court)
Higher People's Court of Fujian Province:
Your Request for Instructions on the Private Lending Dispute Case among Song and Ye A (Retrial Applicant) and Ye B (Respondent) as well as Chen and Li (Defendant in First-Instance Trial) (No. 1715 [2014], HPC, Fujian) has been received. Upon deliberation, the following reply is made: we concur with the majority opinion of your judicial committee, that is, a debt incurred by one spouse for external guarantee shall not be determined, under the provisions of Article 24 of the Interpretation (II) of the Supreme People's Court on Several Issues concerning the Application of the Marriage Law of the People's Republic of China, as the couple's joint debt.