Joint Debt Problem Research

The husband and wife’s common debt concerns not only the interest of property of the married couple, but also the transaction security of the third party. To study the husband and wife’s common debt helps promote the stability of family life and the healthy development of the market economy, helps make up the shortage of the Spouse Possession System, and improve the Law System of Marriage of our country. So far the research about the husband and wife’s common debt is not so much, and there exists controversial dispute on relative problems. In2001the Ammendment of the Marriage Law revises some rules of the husband and wife’s debt, change the "pay off by common debts" for "should pay off by common debts",which is beneficial to the protection of the creditor. But the Ammendment is incomplete in many rules about the spouse’s common debts, even lack of the rules of some aspects, making it difficult to deal with the dispute of the husband and wife’s debts. The thesis discusses the concept, characteristics, range, paying off, and burden of proof of the husband and wife’s common debts by the case study. Besides, according to the current law and the trial practice, it analyses and gives some tentative ideas of the system of the husband and wife’s common debts.The thesis consists of five parts:The first part:Introduction.The second part:The theoretical principle of the spouse’s common debts. It discourses some basic problems, including concept, characteristics, and the difference with other related debts, the value measuring of the legislation of the spouse’s common debts. It gives our understanding about the concept and characteristics of the spouse’s common debts according to the comments of the different concepts.The third part:The current legislation of the husband and wife’s common debts. It reveals the advantage and disadvantage of our country’s legislation by introducing and evaluating the range of the spouse’s common debts, the paying off of the spouse’s common debts, and change of the legislation of the property compensation between husband and wife, combining the legislation of the typical country with continental legal system and analyzing.The four part:Some practical problems of the spouse’s common debts. Such as we deal with the spouse’s common debts, the uneven distribution of burden of proof of the spouse’s common debts suit, single handling standard of the juridical practice of borrow.By analysis of existing problem, propose a way to correct this, increase maneuverability in judical practice.The five part:Improvement of husband and wife’s common debt.To combine to the related rules of Marriage and Family law, by improving system and architecture of law, together with the system of spouse’s wholesale borrow float a loan signature and registration and public system of spouse’s property and Couple’s Agency of Family Affairs and live separately and apart debt and so on, futher develop the system of the husband and wife’s common debt.Peroration:Retrospect the purpose and contents of writing, sum up gain and loss.