On The Matrimonial Community Debt Problem

As an important part of civil law ,the Matrimonial Community Debt are closely with everyone in real life. The legislation of Matrimonial Community Debt is not only involved the interests of couples,but also related to the claims of the third party.Also,it is involved family harmony and the stability of social economic order. With the development of sociaty, couples participate in various economic activities whith makes The Matrimonial Community Debt problem becoming more and more important.Our country has no complete system regulation, especially marriage law and judicial explanation, each has its emphasize. The former focus too much on the couple's rights, the latter is more inclined to protect the benefit of third party. But the trial comments and judicial tradition of our country not only fail to compensate for a lack of legislation,but also aggravate this problem . Compared with abroad found that the common debts shall have the place that can draw lessons from.Based on analysising the status of legislation and judicial of our country in the common debts at present, comparing with the foreign regulations, the author want to give some propsals to our country in common debts. To better solve the judicial practice common debts deal with the difficult problem.This thesis is divided into introduction,body and conclusion parts,while the body part divides into four chapters.In the introduction part, the author leads the problem of matrimonial community debt by introducing a case .In the body part, chapter one identify concepts of matrimonial community debt based in analyzing the current academic viewpoints .Also,chapter one identify characteristics of matrimonial community debt by comparing with the family common debt and personal debt.Chapter two find the inappropriate in marriage law and judicial interpretations on matrimonial community debt by analyzing the problem of legislation and judicial practice at present. In judicial practice, there will be false lawsuit and some problem in proof.Chapter three introduces the foreign civil law, as Germany,France and other countries and Anglo-American law system, such as the United States, Britain and other countries and China's Taiwan and Macao regions on the common debts of their respective regulations.Chapter four provide several suggestiongs of existing laws concerning common debts of our country on the base of above analysis,such as divorce and property trial separation mechanism of application, The joint property of couple disclosed publicity system,the common debts presumption rule of the abolished,the couple signed the additional debt system,the couple separated debt system application,the domestic agent right system introduction.In conclusion part,the author makes a simple review and summary of writing this thesis.