Research On The Definition Of Matrimonial Community Debt

Under the development tide of the socialist market economy, with more and more couples participate in various economic activities, Liabilities of one or both spouses become a widespread phenomenon. Whether liabilities of one or both spouses could be identified as matrimonial community debt is not only involved the couple's property interests, but also related to the claims of the third party. Therefore, giving a correct definition on matrimonial community debt is necessary. On the other side, compared to civil code of other civil law system countries, the term"matrimonial community debt"can be said the specific appellation of marriage legislation of China. So combining the current legislation on the basis of marriage law and using the comparative method and empirical method, this thesis discusses and analyzes the basic theory of matrimonial community debt and the current situation of the definition on matrimonial community debt, which puts forward several suggestions on achieving interest balance between the couple and creditors.This thesis is divided into introduction, body and conclusion parts, while the body part divides into four chapters.In the introduction part, the author leads the problem of definition on matrimonial community debt by introducing a private lending case judged by Songjiang district people's court in Shanghai. And the problem also could be said as there is inconsistent to identify the nature of debts which happened during divorce a mensa et thoro.Chapter one analyzes the research of concepts of matrimonial community debt based in the current litigation of marriage and arrives at a conclusion that matrimonial community debt results from the common life and spouse agreement, by which the thesis further discusses the basic theory of law. Meanwhile, compared with the common debt and joint debt in traditional theory of civil law, the author thinks the matrimonial community debt is a special debt depending on the provisions of law.Chapter two introduces the standards of definition for the matrimonial community debt in our marriage litigation. From the perspective of typical cases, the author researches the scope of matrimonial community debt, the allocation of responsibilities in onus probandi and points out the current standard will unbalance the interest between the spouse and creditors.Chapter three makes suggestions on how to balance the interest between spouse and their creditors: First, establishing the delegation system of daily household affairs which specifies the scope; Second, establishing the spouse property registration system; Third, establishing the registration system of divorce a mensa et thoro.In conclusion part, the author makes a simple review and summary about the success and failure of writing this thesis.