The Couple's Joint Debt Problems For Study

The conjugal debt relation is an important element in marital property system. hi the current socio-economic conditions, there is more and more general couples' participation in the economic activities, and civil transaction is getting very frequent too. In addition to living together, the phenomenon of couples engaged in liabilities because of production, management, investment and consumption activities is widespread, which caused the problem becoming increasingly diverse. China's current laws and regulations related to marriage and the norms for the husband and wife jointly debt appears as principles only. Judicial practice is always helpless while meeting new types of disputes. The debt problems concerning the couples are not only related to the common interests of both husband and wife, but also have a crucial impact on the legitimate interests of the creditors.The conjugal debt, which takes the marriage's special personal and property relations as a foundation, held by the couple for their mutual as well as the family's common interests in the process of managing their common life and should be repaid by the both party of the couple according to the law or their own agreement. In judicial practice it should adopt "used for the joint life or benefiting together" as a standard to make accurate recognizing. The legislation concerning this aspect in our country is not exhaustive and has a few defects. It would be of great help in building a more comprehensive legal system for conjugal debt to implant or improve the systems of daily family agent, large quantity debt approving and marital property agreement publicity, thus effectively balance all quarters' benefit.