The Research On Couple’s Joint Debt

Have legal significance in effective protection of the legitimate interests of the parties andthe third into marriage is concerned about whether the couple’s joint debt can be clearly defined.However， the legislation in this regard has always adhere to improve end or slightlyvulnerability，the reality of the existence of such a group of people who use legal loopholes tocircumvent the debt，resulting in damage to the legitimate interests of the creditors and the birthof family instability the factors giving rise to a series of social problems. Judicial definition ofthe principle of the couple’s joint debt in a couple to live together，to live together for the purposeand use，especially by one party on behalf of the other liabilities and meet party externalliabilities，should be integrated family economic circumstances，creditors whether in good faith，and whether the debt borrowed for factors clearly excessive luxury and unnecessary distinction.The couple’s joint debt should be the principle of joint discharge and the specific settlementshould be coordinated with other related systems，to a reasonable balance between the interestsof the creditors and couples parties. Also this article will be in line with the principles of rightsand obligations of unity forth the borrowed debt as long as both spouses will benefit both therepayment obligation will cover the couple. In short，couples debt related research and legislationshould be in line with the interests of family harmony and social stability balance between theprotection of the interests of creditors，without causing detrimental to the interests of any party inthe couple in this theoretical the most important academic research on the settlement of thecouple’s joint debt problems. The subject of the couple’s joint debt problems to be solved interms of the process from the judicial practice is how to establish an effective norms to theidentification of the couple’s joint debt more standardized and simple，this is an urgent problem.This article will focus on some of my opinions on these issues，and hope some help.