Study On Common Debts Of Husband And Wife

In divorce lawsuits, division of common properties as well as recognition and share of common debts of divorcing couples become hot points of dispute between them, especially in recognition and share of common debts. Because it would influence the interest and exchanging security of a third party, and because the law is too principle and simple, it becomes a most difficult problem to solve. This thesis deals with this problem by theory analysing and case studying, providing a way to improve the divorcing couples'common debts clearing system of our country.This thesis includes three parts: preface, main body and conclusion. It is comprised of four chapters.In the preface part, it points out the theoretical and practical situation of debts between husband and wife and explain the necessity of reachering on debts between husband and wife.Chapter 1 provides an introduction on debts between husband and wife. According to the stipulation of the existing laws, this charpter identifies the concept and scope of common debts and separate debts between husband and wife. It states that common debts between husband and wife means debts which occur during a continuous marital relationship, in order to sustain the need of living, or because of some business activities which aim at support mutual living of husband and wife.Chapter 2 talks about the clearing of common debts. It discusses some principles to deal with common debts between husband and wife, such as the principles of together-compensation, agreed-compensation, adjudication compensation, etc.Chapter 3 points out the problems which exist in the legislation and juridication process on common debts. It analyses the problems in legislation and juridication of common debts from a theroetical point of view, that is, the law does not clearly identify common debts and separate debts between husband and wife, also the stipilation of the marriage law contradics to the civil law. It is difficult to recognize whether debts are real or not. And the responsibility distribution of providing evidence is not reasonably ordered. This chapter makes further effort to prove the author's theoretical analysis byChapter 4 provides some thoughts and suggestions on how to improve thelegislation and juridication of common debts between husband and wife. It puts forward some thoughts to improve the clearing system of common debts in our country's marriage law, that is, distinguishing common debts and separate debts of busband and wife, clarifying the related responsibility of common debts which busband and wife should take, and separtely deal with common debts cases, etc.