The Research On The Identification Of Matrimonial Business Debt

With the arrival of the era of large financial, diversification of financing channels leads business debts into various forms and emerge in endlessly. Because of much larger funds involved in business debt, debt among people dominated by business debt, which is dominated by simple living debt ago. At the same time, only a natural person with full responsibility can operating business, who often is in the law of marriage. The relationship between husband and wife becomes complicated with the rising divorce rate. Based on the above reasons, the identification of the matrimonial business debt is extremely important not only for creditors but also for every one in the marriage. This article studied the business debt from the Angle of the debts of husband and wife. The author divided the article into five parts to study these problem:The first part firstly defines the matrimonial business debt and interprets the general theory of debt. This section former classification of the debt, in accordance with the mode of operation and debt commitments. Couple for-profit debt can be divided into separate operation to one partner and husband and wife together operating business debt, also can be divided into matrimonial jointly debt and personal debt. At last, the author make the definition to debts and elaborate the contact of two kinds of classification methods.The second part of article mainly discusses the situation of the business debt caused by husband and wife jointly management, which is defined as matrimonial jointly debt. Then, the author analyses the difference business debt and the household debt. At last, it summarizes how to identify jointly management debt jointly operating debt born, and this type of debt.The third part defines the spouses separate operating behavior. It introduced a surviving spouse management situation and how to recognize this situation. Then it show the debt which caused by husband and wife doing business separatly.It investigates the legal reason for this debt should be regarded as jointly debt and summarizes the types of this kind jointly debt.It clarifies the burden of proof of their authorization.The fourth part through the analysis of the relevant provisions of the law and the discussion about our scholars variety of perspectives. And which sum up to the can become a husband and wife doing business by either type of debt. Subsequently, the author details the operating a party’s burden of proof and the identification of nature of debt identified, so as to solve the judicial practice identified and determination of a surviving spouse business debt problem of burden of proof.The fifth part of the author selected three different cases carefully. Each case of them have been end of the trial, the trial results conform to the classification by the three business situations above. The author analyzes the evidence of these cases using the existing laws and regulations. At last, there’s the introduction of the author’s own views.