Study On Recognition Of Matrimonial Debt

With the development of economy and the increase of people's wealth, the property relationship of the couple has many complicated features. The matrimonial debt has caused much controversy. This paper is mainly on the research of the matrimonial debt, and makes some recommendations for the system of the matrimonial debt in our country in the end.In addition to the introduction and conclusion, this article is divided into four parts, for a total number of about 17,000 words.The first part is on the cases, and the question which is going to be discussed below is drawn out by the cases. Both cases in the paper involve the debt problems during the couple separated period. In the first case, one part of the debt during the couple separated period was used in their basic needs; the other part was used to gamble. The former is recognized by the court as the common debt, while the latter is recognized as the wife's personal debt. In the second case, it stands a good chance that the debt during the couple separated period was used to gamble, but the wife does not have any legal evidence, so she has to take responsibility for the debt with her husband. The two cases reflect the urgency to distinguish the common debt of the couple from personal debt in Marriage law in our country.The second part is the basic theory of the matrimonial debt system. This part is related to the concepts and characteristics of the husbands and wives' common debt and the personal debt, and the principle to recognize them. The husbands and wives' common debt is the debt which is necessary for their daily life, and they should take the responsibility together; but the debt that has not used for daily life should be recognized as the personal debt, which will be undertaken severally. Meanwhile this part also lists some cases about the husbands and wives' common debt and personal debt, which is applied to different situations.The third part is on the legislative status of the matrimonial debt in our country, and points out the problems which exist in the legislation and jurisdictions process. There aren't independent provisions about the matrimonial debts in our Marriage law, only some provisions of sporadic. Besides, the related judicial interpretation is defective, which attracted much academic controversy and caused inconvenience to the operation of judicial practice.The fourth part puts forward some suggestions on how to respond to the questions existed. This part made some tentative plans to our country's legislation system of the matrimonial debts, such as improving the legislative structure, defining the scope of the daily housework in conjugal relation, amending the law to make sure that the debt for providing parents should not be maintained as husbands and wives' common debt.