Determine a Debt Incurred by One Spouse for External Guarantee as the Couple's Joint Debt
2018-08-11 1411
- Document Number：No. 9 [2015] of
the Civil Division I of the Supreme People's Court
- Area of Law： Marriage,Family
Support,Adoption,and Inheritance Civil Law
- Level of Authority： Documents of Judicial
Interpretation Nature
- Issuing Authority： Supreme People's Court
- Status： Effective
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.
