Jointly Debt Research

Under conditions of market economy, the couple participate more often in economicactivities. For the interests of one or both sides, the male spouse or female spouseengages in production and operating activities, financing activities, consumption on debtand other activities, it is quite common that one or both spouses are in debt. That is whythe marital debt problems become more complex and diverse. Marital debt problemsnot only related the interests of a couple, but also related to the interests of creditors,which makes the precise definition of marital debt significative.Since the provisions of the marital debt problems are synoptical and omissive, itmakes the marital debt encountering identification problems in judicial practice, which isnot assisting to solving the growing problems.This article mainly probes the common problems in judicial practice and putsforward solutions, by analyzing the definition conditions of marital debt, proposes theauthor’s own plain opinions on the basis of other scholars’ views.The first part concludes an introduction and the first chapter, which is an overviewof the marital joint debt. This part involves in the concept and character of marital jointdebt, and a comparative study in the domestic legislation and foreign legislation inmarital joint debt. This research enables me to understand the connotation of marital jointdebt better, and lay a good theoretical basis for further study.The second part that is the second chapter of this article，is mainly about how todefine the couple’s joint debt,and cares about the interpretations of the law about thecouple’s joint debt. Through researching the relevant legal provisions and relevant defions standards, we can preferably grasp the identification of the couple’s joint debt.The Chapter III,which is the third part of this article,aims to discuss the qualitativeissues of conjugal joint debts in the judicial practice,by studying them and combiningwith China’s theory and legal requirements, we can fine solutions to those issues whichcould be better apply for the judicial practice.