Jointly Debt Problems Discussed

The article makes use of real cases and actual investigation to give an analysis of the opportunistic behavior and its cause, emerging from the handling of husband-and-wife common debts. Borrowing theories concerning opportunism, it aims to find a targeted solution for the existence of opportunistic behavior, a transition from transaction security values to the conversion of the balance of interests, the responsibility held by the debt sides, the increase in the cost of opportunitic trasanction, the publication of information and so on, all of which are to stop opportunistic behavior. Moreover, after evaluating and analysing China's husband and wife co-signed debt system, it gives suggestion on perfecting China's husband and wife co-signed debt system and other relevant system.The article can be divided into three parts of introduction, body, conclusions and the body is divided into five chapters.ChapterⅠ:Husband and Wife Co-signed Debt Overview. Beginning from some actual cases of husband and wife co-signed debt, this chapter introduces the phenomena of opportunistic behaviors and analyse different academic definitions of the common debt. In the chapter, the author gives her opinion, analysing the legislative feature of common debt, on which base the conception of husband and wife co-signed debt opportunism to pave the way for the following studies.ChapterⅡ: Empirical Study. Investigate and analyse related cases in the recent years. The nearest few years have seen the false divorce, opportunism, false debt opportunistic behavior, and the consequences of two kinds of opportunism, all of which are analysed in this chapter.ChapterⅢ:Husband and Wife Co-signed Debt Opportunistic Behavior Tendencies Analysis. According to the analysis of last chapter, this chapter try to discuss the root sources of the opportunist behavior in husband and wife co-signed debt from the perspetives of legislation, justice and feason himself. This chapter focuses on analysis of the provisions of the relevant legal regime in China, at the same time introduces representive law regime of other subjuct in order to find out the weakness of law regime as well as the limitation of Justice. In order to solve the problem from the source, it also borrows theorectical focus relevant in Economics to analyse the reason by feason.ChapterⅣ: The Basic Analysis of Preventing Husband and Wife Co-signed Debt Opportunistic Behavior. With economic theory this chapter gives an analysis of value orientation that has dominated in the process of preventing husband and wife co-signed debt opportunistic behavior. It puts forward the proposed targeting of prevention, that is, China's relevant law about the conversion of husband and wife co-signed debt values, a balanced burden in husband and wife co-signed debt between the three parties to increase the opportunistic transaction costs and facilitating information disclosure transparency.ChapterⅤ: Concrete Ideas to Perfect Husband and Wife Co-signed Debt System. Under the guidance of chapter four, the author restrains the opportunist from daily household proxy system, the credibility and open system, common property disclosure system, the seperated couple's debt system, husband and wife agreed upon property registration and public disclosure system, husband and wife co-signed the debt system,ect so as to keep opportunist from making use of the institutional loopoles to conduct opportunist behavior, thus balancing the interest of all sides in the husband and wife co-signed debt.