Study Of Marital Debt System

There are not a lot of deepening and careful researches about debt problems of couple in our country at present. Under the market economy conditions, there are more and more couples to participate in various kinds of economic activities, and the civil trade activities are frequent. Couples are engaged in such activities as producing, managing, financing, debt consumption etc. for each or common purpose. Today, couple debt is a general phenomenon. That the amount of money of the debt is very large and the time limit repaying is very long are common characteristics of the present marriage debt. In our family law, the legislation for the couple debt problems mainly regulate in divorcing chapter of our Family Law, and the one that stipulated is too principle, which is unfavorable to deal with the debt problems in practice. Couple debt problems not only concern the property interests of couple, but also concern the interests of third person who carrying on civil transactions with couples. For a long time, we often pay close attention to static right—property belong to among couple property system, having neglected the dynamic couple's property. The legislation has not offered the rule of basic behavior to debt problems of couple even more, which is often harmful to interests of third person, and as a consequence of hampering the trade's progress virtually.The thesis is formed by foreword and the four parts followed, about 380,000 words of full thesis. Centering on th e rational thinking of debt systems of couple, this author will carry on the discussion about the basic theories of debt systems of couple. On the basis, the thesis rounds on the value in protecting couple's property interests and the trade security. Then the thesis make a self-criticism to our regulations of couple's debt, expecting to set up more perfect debt systems of couple in the future.The first part of the thesis carries on the discussion to thebasic theories of debt systems of couple. Firstly, the author probes into the special nature of debt systems of couple. Comparing the debt of the general meaning of the civil law with couple's debt, the author proved variety with property relation of the subject of couple's debt and its special natures. Secondly, I am probing into the content ownership of debt systems of couple. Proceed with couple's debt and matrimonial regime interrelation, the content normal to the two is analysed, it is communities of positive property and passive property to prove couple's property, and the couple's debt is important component of the matrimonial regime, also the content of debt systems of couple is limited by in the matrimonial regime type.The second part of thesis is a value discussion of debt systems of couple. First of all, ensure the objective value of the social trade security to analyse to debt systems of couple in terms of the materialism and Legal economics. From the relation angle between the economic base and superstructure of the materialism, proving debt systems of couple should ensure the civi 1 trade security , this is a demand for objective economic development; from the terms of Legal economics, the thesis proves that the setting-up of debt systems of couple and security of the civil trade have consistency on efficiency value. Secondly, the author analyses the legislative value of couple debt systems between protect couple's property interests and safeguard trade security.The third part of thesis has carried on research to the debt systems of couple of our country. Carrying on the content to comb to the current debt systems of couple of our country, the author have analysed some questions existing in couple's dispute in the judicial practice of our country. Then the thesis make a self-criticism in such respects as orienting, legislative idea etc. from the concrete regulations of couple's debt. From the value balance of safeguarding couple's property interests and ensuringthe trade security, the author put forward his point that it quite improper to disperse the relations of debt problems of couple in the chapter of couple personal and the chapter of couple property relation. On the legislative idea, the legislation about couple's debt of our country is going through one and laying particular emphasis on protecting couple's property interests to the value orientation of protecting trade security. Combining foreign relevant legislation, the author has analyzed and made a self-criticism to the concrete system of our country.At the end of this thesis, the author make a tentative proposal that several principles and systems should be established while perfecting debt systems of couple of our country legislates in the future.