2017-04-12 11:31:33
On February 28 the Supreme People's Court issued the Supplemental Provisions to the Interpretation of the Supreme People's Court on Several Issues concerning the Application of the Marriage Law of the People's Republic of China.
According to the Supplemental Provisions, two paragraphs are added to Article 24 of the Interpretation.
People's courts shall not uphold one's claim on debt if he or she colludes with one side of a couple to fake a debt, according to the amended Article 24 of the second judicial interpretation of China's Marriage Law.The new interpretation added that if one side of a couple incurs debt through criminal means, such as gambling or taking drugs, the people's court shall not uphold the debt claim as well.
According to a notice of the SPC, one shall not be responsible for the debt of a spouse without trial, which both parties shall attend.
The previous Article 24 issued in 2004 stipulates that debts incurred during married life must be paid off jointly by the couple. However, many people have been forced to pay off the debt of their spouses, which were faked or borrowed without the spouse's consent or even without his or her knowledge.
Though the amended interpretation is a big step toward protecting victims' interests, the enforcement still faces difficulties such as collecting proof of the collusion.