Responsibility Research. Couple Debt Settlement

In today's market economy tide, the family has as an independent market economy unit frequently, actively involved in the production, management, finance, consumer and other activities to. Is indebted phenomenon becomes more prevalent as husband and wife, and the couple debt problem and therefore also become complex. China's" marriage law" in the matrimonial property system in more attention of husband and wife property static attribution is the ownership of property, but ignore the marital property and dynamic specification, namely marital property, use, accrual and punish such problems. Our husband and wife about one or both for the management of marriage and family affairs caused by the debt deal provision is not perfect, this is not conducive to the stability of marriage, on the other hand, virtually block trade development.At present our country academia on marital debt system to study more thoroughly, but for which couples the debt responsibility for specific, detailed study is not many. This paper on the basis of previous research results are specific, in-depth discussion. This paper attempts to adopt the comparative research method, the logic analysis method, empirical research methods, from two typical cases, leads to husband and wife on the debt repayment responsibility in legal practice relating to the debt limit and the question of responsibility, In China about marital debt nature that the legislation based on the analysis of the investigation, analysis of the current legislation of our country 's shortcomings, Learn from foreign legislative experience, combined with China's actual situation, proposed consummates our country marital debt liability personal insights.In this paper, a total of more than 20000 words.The introduction part mainly introduces the purpose and significance of this thesis writing. Due to the current our country about the matrimonial debt liability cognizance and couples the current legislation deficiency, resulting in the process of application of the law caused more controversy, is not conducive to the legal authority and unity, to be further improved.The text includes four parts:The first part : of the problem. Through the introduction of two typical case and the judgment result, through further analysis led to China's current legal practice on the matrimonial debt limit and marital debt problems. That is : in view of the common property of husband and wife management how to maintain the marriage and the couple the interests of all parties and community protection of third party transaction security for dynamic balance, how to divide the matrimonial debt and personal debt and the classification of the validity of the marital debt settlement, no special rules and other issues are necessary for analysis.The second part : the case of dispute on the theoretical analysis. Introduced our country current theory on the matrimonial debt of the husband and wife together debt and personal debt, couples division of definition and the nature and scope of debt, as well as husband and wife common debts and a couple of personal debt on the creditor's external validity.The third part : the case of dispute the focus problem of legislative analysis. Introduced foreign spouses on the common debt and personal debt and definition of couple couples debt related legislation, and the comments, At the same time with our marriage law and judicial interpretation of the relevant provisions, pointed out the inadequacy of legislation of our country, draw lessons from international advanced legislative experience to perfect complements.The fourth part : the case of the matrimonial debt responsibility thoughts. On the basis of previous research results, combined with China's scholars on marital debt settlement of debt repayment responsibility of husband and wife, put forward to perfect the method, Combined with the at the beginning of this article, the case of the proposed solution.