A Review of the Cognizance Rules on Married Couple's Joint Debts from the Perspective of Feminist Jurisprudence

Li Qiongyu
School of Law, Hunan Normal University
Collection of Women's Studies 2016-6

Abstract:There are significant gender differences in the process of formation of married couple's debts, to wit: men usually take the role of borrowers, while women usually are absent from the borrowing. To construct reasonable rules to recognize married couple's joint debts, law makers should take full account of gender differences. From the perspective of a Feminist Jurisprudence including gender analysis, separation theory, the existing presumption rules overlook the above gender differences, and make women shoulder the duty of unpaid care under the male-dominated legal rules. It is therefore important to distinguish marital relationships from "peaceful" to "contested" states. In the "peaceful" state of marriage, emphasis should be the interests of creditors, but in the "contested" state, emphasis should be particularly the interests of female non-borrowing party.
Keywords:feminist jurisprudence, married couple's joint debts, married couple's debts, presumption rule, cognizance rule

Paper type:Published