Interpretation of the Supreme People's Court on Issues concerning the Application of Law in the Trial of Cases of Matrimonial Debt-related Disputes

Fa Shi [2018] No.2

January 16, 2018

The Interpretation of the Supreme People's Court on Issues concerning the Application of Law in the Trial of Cases of Matrimonial Debt-related Disputes, which was adopted at the 1731st meeting of the Judicial Committee of the Supreme People's Court on January 8, 2018, is hereby promulgated and shall come into force as of January 18, 2018.

Interpretation of the Supreme People's Court on Issues concerning the Application of Law in the Trial of Cases of Matrimonial Debt-related Disputes

(Adopted at the 1731st meeting of the Judicial Committee of the Supreme People's Court on January 8, 2018 for effect as of January 18, 2018)

This Interpretation is formulated under the General Principles of the Civil law of the People's Republic of China, the Marriage Law of the People's Republic of China, the Contract Law of the People's Republic of China, the Civil Procedure Law of the People's Republic of China and other applicable laws and regulations, in order to properly try cases of matrimonial debt-related disputes and equally protect the legitimate rights and interests of the parties.

Article 1 A debt to be jointly borne by a couple as by signatures by the couple, by acknowledgement of either spouse after such debt was incurred by the other spouse or by any other form of expression of their common will, shall be deemed as a matrimonial debt.

Article 2 For a debt incurred by either spouse in his/her own name during marriage for the purpose of meeting the needs of the daily family life of the couple, if the creditor of such debt makes a claim on the ground of such debt being a matrimonial debt, the people's court shall support such claim.

Article 3 For a debt incurred by either spouse in his/her own name during marriage beyond meeting the needs of the daily family life of the couple, if the creditor of such debt makes a claim on the ground of such debt being a matrimonial debt, the people's court shall not support such claim, except when the creditor can prove that such debt has been used for the purpose of the joint life or any joint production or operation activity of the couple, or has been contracted based on an expression of their common will.

Article 4 This Interpretation shall come into force as of January 18, 2018.
After this Interpretation takes effect, where any applicable judicial interpretation previously given by the Supreme People's Court is in conflict with this Interpretation, this Interpretation shall prevail.