On The Marital Debts

With the development of the economy and the society, people'swealth increase quickly. The property of the couple has manycomplicated features. Its benefit not only concerns the man andwife,but also concerns the behalf of the third party who has disputeover obligation with the couple or one of them. This shows offthedynamic adjust of the passive property of thecouple—husband-and-wife community debt.Husband-and-wife community debt is an important part inmarital property system. Something has been done to affirm andprotect the static matrimonital regime of late years,but there is fewdynamic adjust to assure the performance of the husband-and-wifecommunity debt. This phenomena has affected business safety andsocial stabilise..The current law theoryies just lay stress to affirm andprotect the static matrimonital regime, Few people analyze thedischarge of debt in matrimonial property relation.In order to go infor the accordance between the justice and safety, this text willdiscuss how to establish the husband-and-wife community debtsystem in several aspects.By the comparisom between some simiar definitions, such as thehusband-and-wife separate debt, the family community debt, themarital promised debt, the husband-and-wife community debt canbe defined:it means the obligation that the couple or the inheritorshould be fulfilled according to contract provisions or legislativebasis.The system also has its own legal feature and academic gist toidentify the agent of joint obligation, nail down the propertybound:the period does not limit in the term when the maritalrelationship exsits; the subjects of obligations are multiple; thesubjects of obligations have joint and several debt. The propertyrelationship and domestic agency produced by the registration of marriage are the theoretical roots why husband-and-wife communitydebt comes into being.In the forth part,the husband-and-wife community debt isjoint and several obligation in quality, The payment always occurswhen the marital relationship will be broken down. The couple alsohave the obligation to the creditor. the features of the joint andseveral obligation are: the debt must be the community debt; oneof the couple has to give the property to the third party;after thepayment whatever who gives, the debt will be elimated. Theconducts of community debt between substantive law and procedurallaw are different, after the payment,the wife\husband who has paidfor the debt also can recover the debt. Beside that, the last part talksabout some problems of husband-and-wife community debt in China.Some theories don't conform to the debt concept and hearingprocedure. The positive laws have not given a normative location forthe the husband-and-wife community debt.When the courts applythe positive law to adjudge the cases, some leaks will be found. Andthen the writer give some adivice to complete the husband-and-wifecommunity debt system:A few legal basis should be revised; thehusband-and-wife community debt system is nessarily to be perfect.