Discussion On The Couple Common Debts System

In order to meet the needs of daily life and common interests of the spouses, the couples individual or family as the principal carry out external economic exchanges tend to frequent, the couples common debt are increasing in practice and the forms renders diversification features. Throughout China's marriage law and the judicial interpretation of the nature of the couples common debts and provisions identified relevant issues to more abstract, resulting in the current theory and practice circles have different understanding. Therefore, I believe that it is necessary to proceed from legislative principles and the legal basis, re - interpretation of the relevant legal provisions, so as to better guide in judicial practice.This article first discusses the theoretical basis of the couples common debts, and balance the interests of the couple benefit and transaction security interests, pointing out that the couples Common Debts is the base of the domestic agent right and the system of agency by estoppels, marriage and family law should first guarantee the safety of transactions, taking into account the property interests of the husband and wife, sets the stage for later the specific confirmation of theoretical basis and legal value basis. Then the article combs the relevant provisions of the legislation in our country, and on the basis the article have a new understanding of the concept, character and determination of the couples common debt, and make enumerated discussion of the couples common debt, and combined with the judicial practice excludes the situations of confusing non– couple common debt. Finally, make several suggestions about the legislation on settlement and judicial enforcement of the couple common debts.