The Research On The Identification Of Matrimonial Individual Debt

With the rapid development of social economy, the increasing complexity of trading behavior leds to the concern of matrimonial debt. As the theoretical study and legislative proposals of matrimonial individual debt are rather vague, this paper studies the identification of matrimonial individual debt. The basic ideas and methods of the study are as follows:Firstly, by discussing the basic theory of identification of matrimonial individual debt, I put forward the controversial problems of matrimonial individual debt on identified standards and types. Secondly, this paper compares the relevant provisions of extra-territorial laws with domestic laws by Comparative Analysis and Historical Analysis, which provide the basis for theoretical study and legislative proposals of matrimonial individual debt. Thirdly, in explaining academic theoretical point of view and questions about matrimonial individual debt on identified standards and types, it will summarize and analyze views of scholars. On the basis of the previous article discussed, I will give out some suggestions about matrimonial individual debt on identified standards and types. At last, in order to achieve the purpose of this paper, there is a classic case showed in the document, analyzing the problems to verify the practicality of this paper's ideas. This paper includes the following four parts:The first part discusses the basic theory of the identification of matrimonial individual debt, it describes the basic concept of matrimonial individual debt and the difference between matrimonial individual debt and matrimonial common debt, it tells basic concept of matrimonial debt,matrimonial individual debt and matrimonial common debt, then it explains difference between matrimonial individual debt with matrimonial common debt; this part also discusses the significance of matrimonial individual debt and highlights the purpose and practical significance of this paper. The second part discusses the inspiration from the legislation of identification of matrimonial individual debt, which also includes two chapters, first of all it focuses on analysis of extra-territorial laws on these topics, especially about France law,Germany law and Italy law; after that it mainly analyses domestic laws about the identification of matrimonial individual debt, firstly it will list related legal and judicial interpretation, then will point out the problems then on this basis of relevant provisions. The thirst part discusses the views of scholars and mine, on matrimonial individual debt on identified standards, it mainly elaborates the views of matrimonial individual debt types; the most important chapter is the third one, which will give out my own idea of matrimonial individual debt on identified standards and types. In order to highlight the practical significance about matrimonial individual debt on identified standards and types, the last part describes a typical case about debt dispute between Mr Yuan, Mr Shi and Mrs Zhu, and tries to give comments based on two judgments:mainly to analysis the understanding of related legislation and application of this case, at the same time to discuss the questions of functional range of daily family agent, then deeply analysis the advantages and disadvantages of this case judgment.