On The Nature Of The Couple's Common Debts And Judging Standards

With the fast development of economy and the continues improvement of people's life, as an important part in couples'wealth system, couples'common debts has increasingly caught people's attention with the complexity of the content of couples'wealth. The kind and amount of couples'wealth has a trend to be various, which is not only associated with couples'common life but also has a great influence to the benefits of the third party. The property of couples'debts determines the ways of paying off couples'common debts, and the standards of judging couples'common wealth influence the range of couples'common wealth, and these three factors in combination involve a basic question the system of couple's common debts tries to solve, that is to find a best balance point between protecting the benefits of the third party and the couples. There are various of problems in Chinese legislation and academy about the property and the judging standards of couples'common debts. This paper analyzes the problems during the practical application of the rules of the property and the judging standards of couples'common debts in Chinese legislation through cases and compares the views of Chinese legislation, and then presents the author's view about the property and judging standards of couples'common debts on the basis of comparing the rules of the property and the judging standards of couples'common debts in foreign countries. Eventually, this paper proposes some suggestions about the current disadvantages of Chinese legislation with the hope of having a practical significance to deal with the problems about couples'common debts.This paper can be divided into four parts:The first part poses a question in the form of cases and then analyzes these cases, thereby, extends out the two problems this paper discusses: the property and standards of couples'common debts.The second part analyzes the property of couples'common debts and presents this paper's own view that the property of couples'common debts should be recognized as joint debts.The third part analyzes the judging standards of couples'common debts. First this part analyzes and summarizes the similarities among some judging standards of couples'common debts abroad, then searches the relevant rules in Chinese legislation about couples'common debts and analyzes the characters of judging couples'common debts in China. And then evaluates and analyzes the views about the judging standards of couples'common debts in Chinese academy, thereby promotes this paper's own view about the judging standards of couples'common debts, that is, with the couples'permission, the debts producing from couple's common benefits and common wealth should be recognized as couples'common debts.The fourth part analyzes the property and the disadvantages of the judging standards of couples'common debts in China, and accordingly promotes several constructive suggestions.