Marriage transmitted debt in the Chinese Civil Code : The beginning of a solution rather than the end

Journal article

Huang, Jie and Cheong, May Fong. (2022). Marriage transmitted debt in the Chinese Civil Code : The beginning of a solution rather than the end. Feminist Legal Studies. 30(1), pp. 1-27. https://doi.org/10.1007/s10691-021-09472-4
AuthorsHuang, Jie and Cheong, May Fong
Abstract

This paper is the first to critically analyse how the newly enacted Chinese Civil Code addresses gender equality in the intersection of family and commercial contracting. It proposes ‘marriage transmitted debt’ (MTD) in China as a new concept as opposed to ‘sexually transmitted debt’ (STD) documented in English and Australian jurisprudence. MTD refers to the debt incurred by one spouse but transmitted to the other spouse due to the status of the marriage. Supported by empirical statistics, it shows that while the statutory language of MTD regulation in China is neutral, wives are still disadvantaged. Although this has been partly addressed by shifting the onus of proof to creditors, the meaning of debt incurred for the daily life of a family or the joint life of the couple in the Code needs further judicial development. The Code is the beginning of a solution rather than the end to achieving gender equality in China.

Year2022
JournalFeminist Legal Studies
Journal citation30 (1), pp. 1-27
PublisherSpringer Netherlands
ISSN0966-3622
Digital Object Identifier (DOI)https://doi.org/10.1007/s10691-021-09472-4
Scopus EID2-s2.0-85115632997
Research or scholarlyResearch
Page range1-27
Publisher's version
License
All rights reserved
File Access Level
Controlled
Output statusPublished
Publication dates
Online24 Sep 2021
Publication process dates
Accepted21 Jul 2021
Deposited30 Jun 2022
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