Font Size: a A A

The Improvement Of Husband And Wife Debt System Under The Perspective Of Interests Balancing

Posted on:2012-10-21Degree:MasterType:Thesis
Country:ChinaCandidate:J LiuFull Text:PDF
GTID:2166330335972613Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, with the continuous development of the socialist market economy, all kinds of contacts frequency between people increase. The scope of the relationship between credit and debt expanded and disputes are common as a result of divorce. "Marriage explain (2)" of article 24 establishes the way of the couple's debt, but its main emphasis maintain the interests of the third person, while ignoring the legitimate interests of the other couples effectively protected. Therefore, it is necessary to clearly define the range of common debt and personal debt, and allocate the marriage parties and creditors reasonably in order to achieve balance between the interests of both parties. Through this discussion and analysis, in the conjugal debt identify problems, the evaluation methods of the "Aim" and the "Nominal theory" have advantages and disadvantages, and have the value of existence, so we should establish a suitable system which is suitable for different occasions and different couple's joint debt confirmation standard. On the occasion of couples's internal debt, it applies the identification system of the couple's joint debt. On the occasion of the debts owed, it applies the couple's joint debt presumed system.So it can avoid the current conflict between the two systems, and strive to protect the third party interests and the other party of couples's legitimate interests, making the interests of all parties equilibrium utmost.
Keywords/Search Tags:Common debt, Personal debt, Proof responsibility, Identified
PDF Full Text Request
Related items