The Couple’s Joint Debt Problems In Our Country

With the rapid socio-economic development, human material and cultural living standards are constantly improved, then the husband and wife co-signed debt problems will have been diversified, the complexity of the trend, China’s Marriage Law, the provisions of the common debt of the husband and wife also faces enormous challenges. China’s Marriage Law in the Legislative technical deficiencies, there are some defects in some of the legal requirements, coupled with the diversity of social life, resulting in divorce cases, the identification and sharing of jointly debt and become a major concern of people. From this perspective, to analyze and discuss the problems jointly debt, in order to solve jointly debt problems. Jointly debt how to define and there are many problems in the judicial practice, some of the points from the current legislation should be to improve existing legislation, to improve the defects and deficiencies in the Marriage Law, has become an urgent real life needs. From the current countries jointly debt system has clear provisions of the article is around the husband and wife co-signed debt regime launched a specific discussion.This paper consists of five parts, the first part of the basic theory of the common debt of the couple. The concept of husband and wife co-signed debt, the legislation of the characteristics, scope, nature and jointly debt values, and paved the way for the following studies. The husband and wife co-signed debt is the couple creditors to settle the obligation in accordance with the provisions of the law. Then analyzed the characteristics of the common debt of the husband and wife, husband and wife co-signed debt is marriage based, husband and wife co-signed debt require both spouses to bear several and joint liability, jointly debt occurred because of a variety of joint debts of husband and wife outside and inside the responsibility integration, so that a more clear concept of husband and wife co-signed debt.Second part of the husband and wife co-signed debt is settled. First analyzes the theoretical basis of jointly debt settlement, the responsibility of husband and wife co-signed debt qualitative, that both spouses should bear several and joint liability of the common debt to the maximum extent possible to protect the interests of the creditors. Husband and wife joint debt settlement after debt claim, between husband and wife internal, unless otherwise provided by law. should be shared equally. Jointly debt settlement theory analysis to arrive at the problems that exist in the current legislative and judicial.Deficiencies in the system of the third part of the husband and wife co-signed debt.Pointed out the common system of husband and wife in the legislation and judicial practice in a number of issues, for example, lack of presumption rules of the joint debts of husband and wife, jointly debt prescribed range is not clear, does not require the agency system of daily family problems in the current to make specific analysisThe fourth part of the perfect husband and wife co-signed debt system recommendations. Defects in China jointly debt legislation, put forward some recommendations. Combined with the relevant provisions of the Marriage Law, to supply their daily family power of attorney, establish Marital Property registration and publicity system, a large amount of debt the couple co-signer system, the couple separated a series of provisions of the debt system, which made the perfect husband and wife jointly debt suggested to look forward to the improvement of the system in China jointly debt.The fifth part is the conclusion. Summarize the basic content of the full text summarizes the main ideas.