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
Authors | Huang, Jie and Cheong, May Fong |
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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. |
Year | 2022 |
Journal | Feminist Legal Studies |
Journal citation | 30 (1), pp. 1-27 |
Publisher | Springer Netherlands |
ISSN | 0966-3622 |
Digital Object Identifier (DOI) | https://doi.org/10.1007/s10691-021-09472-4 |
Scopus EID | 2-s2.0-85115632997 |
Research or scholarly | Research |
Page range | 1-27 |
Publisher's version | License All rights reserved File Access Level Controlled |
Output status | Published |
Publication dates | |
Online | 24 Sep 2021 |
Publication process dates | |
Accepted | 21 Jul 2021 |
Deposited | 30 Jun 2022 |
https://acuresearchbank.acu.edu.au/item/8xz57/marriage-transmitted-debt-in-the-chinese-civil-code-the-beginning-of-a-solution-rather-than-the-end
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