The Case Study Of The Couple's Joint Debt Problems

With China's rapid social and economic development and people's material and cultural living standards rising, property relations between husband and wife is becoming increasingly complex, in November 2010 the Supreme Court issued on the application of "the PRC Marriage Law" Interpretation of Several Issues three draft (the "short" teaching of "moral draft") after the introduction of the provisions on matrimonial property relations has also led to widespread concern in society, it is a direct reflection of marital property relations of new problems and new contradictions in the reality of an increasingly prominent . Debt as marital property marital relationship is an important aspect, it involves not only between husband and wife, but also to protect the interests of a third person involved, so it must be handled carefully. However, due to legislative and legal limitations of their own technology and other factors, led to some loopholes in the law, allowing couples identified in the common judicial practice of debt more difficult. This paper mainly with divorce cases identified in the emergence of debt on jointly analyze the causes of disagreement, the first theoretical study of the concept of debt as well as jointly determined criteria, followed by in-depth analysis of the case debt on jointly identified the reasons for production differences of opinion, then trigger some thinking about the case and a complete set of opinions, a comprehensive assessment of this case.This paper is divided into introduction, body, conclusion of three parts. Body consists of six parts:First, Case introduction. This part is to introduce the basic facts of the case and the court decision reason, and pointed out that the focus of controversy in this case and the divergence of opinion.Second, The case of the controversial concept of conjugal debt. This section is mainly on the case of the controversial husband and wife together the basic concepts of debt a comparative study, that the legal characteristics of debt the couple together.Third, The case of the dispute jointly recognized standards of debt. In this section, the author mainly describes China jointly recognized the debt profile and definitions of legislative changes. Fourth, The case of the controversial husband and wife have differences of common identified cause of debt analysis. In this section, the author mainly from the perspective of two legislative and judicial analysis of the reason for their disagreement.Fifth, The case of the controversial system of conjugal debt advice. In this section, the author mainly for existing laws on the defects conjugal debt provisions and judicial problems encountered in practice, made in China jointly improve the system of debt advice.Sixth, The assessment of this case. Author in several parts of the conjugal debt system based on the conclusions of the study, a comprehensive assessment of this case.