Study Of Marital Debt System

With the development of economy and society, the disputes of the property concerning the matrimonial debt are becoming more and more.People pay more and more attention to the matrimonial debt system,and also cause appreciate in the legislation.The matrimonial debt system is an important part of the couple's property system,but for a long time,we ofen pay close attention to static right-property belong to among couple property system,having neglected the dynamic couple's property.The legislation has leaded to extremly less perfect debt system of couple and coused many controversy in the judicial practice.The thesis will carry on the discussion about the basic theories of debt systems of couple.On the basis,the thesis with the principle of accomplishing value balance of couple's interests and ensuring the trade security,probeing into our matrimonial debt system's present situation and defects,and makes some recommendations for the system of the matrimonial debt in our country.In addition to the introduction and conclusion,this article is divided into four parts.The first part of the thesis quote two model cases infering to matrimonial debt's dispute, though these details are similar ,the judgments are completely opposite.These two cases reflect the urgency of perfecting our country's matrimonial debt system.The second part of the thesis carries on the elaborate on the basic theories of debt systems of couple.Firstly,the author wants to elaborate matrimonial debt system is an important part of the couple's property system , simplily introduce the legislation of foreign countries'couple's property system and the legislative status of our system of couple's property.Secondly,the author summarizes the characteristic of matrimonial debt.Thirdly, the article analysis two main factors to be considered of designing matrimonial debt system,in another word ,accomplishing balance of couple's interests and ensuring the trade security.Finally,the author point out two matrimonial debt types,including the common debt of the couple and personal debt in Marriage law in our country. The third part is on the legislative status of the matrimonial debt in our country from two parts.About the characteristic of the matrimonial debt,according to the legal rules and legal basic theory,the thesis distinguish the scope of the common debt and personal debt in couple's debt.About the problem of matrimonial debt's discharge,the author talks about the regulation of the common debt and the personal debt, and internal recovery rules between husband and wife.The fourth part mainly points out the problem which exist in the matrimonial debt and puts forward some relevant perfect suggestions.System positioning isn't scientific,the estimation of couple's commond debt is too simple and the discharge of the matrimonial debt isn't perfect are matrimonial debt's mainly defects in our country.So in the fallows,the author puts forward some legislative suggestions,such as the scientific position of the matrimonial debt system,establishing the system of the daily housework in conjugal relation,the marital property publication system,the separation system,perfecting compensating system of common property and personal property and so on,accomplishing the balance of the couple's interests and the trade security,perfecting the system of matrimonial debt.