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SPC marriage law interpretation protects spouses from illegal debt

Xinhua | Updated: 2017-02-28 15:56

BEIJING -- Illegal debts held by one spouse during a marriage are not protected by the Marriage Law, according to a new judicial interpretation released by the Supreme People's Court (SPC) Tuesday.

The SPC said that without a proper trial, no one should force the non-debtor spouse to bear civil liability for the debtor.

Debt obligations incurred for illegal activities are also not protected by the law if the creditor has knowledge of the illegal activity in advance, the SPC said.

The new interpretation also highlighted protecting a couple's basic right to subsistence in the case of debt, and called for prudent disposition of their common property. Additionally, a family's only residence shall not be auctioned or sold off to repay a debt.

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