Identification Of One Of The Spouses Debts Properties

Matrimonial debt is the debt of the negative one or both spouses in before or during the existence of marriage and third people for civil and commercial activities. Dealing with the matrimonial debts is very important to the stability and harmony of social protection and the legitimate rights and interests of the people. With the increasing of the social economic development and people social complexity, the marital debt treatment is also complexity. According to statistics, there are about400000families break up every year in our country.In the process of property, there are also many assume debt disputes. Therefore, discussion about the matrimonial debt to better address the increasing rights and interest conflict of civil and commercial activities, is an important part of building a legal society and people’s lives, in judicial practice, want to have a more detailed and practical rules to follow Vanko.Research on the basis of the actual needs and the core around the fair treatment of marital debt, protect the legitimate rights and interests of both husband and wife more just, as well as the legitimate rights and interests of creditors, but the premise must be accurate identification and wife debt rules of adjudication, identification and treatment of the matrimonial debts and how to improve the relevant legal provisions to try some of the problem study, expect to be able to from the combination of law and practice, and provide some reference for the judicial practice.Besides the preface and conclusion, this paper is divided into four parts.The first part is the matrimonial debt and one of the spouses debts overview. Because couples in divorce proceedings the parties of the matrimonial debts and spouse debts disputes more and more, and the conflict of laws rules lead to different judgments in practice has become an urgent problem to be solved, this part mainly introduces the concept, characteristics and classification of matrimonial debt and one of the spouses debts, characteristic analysis in a divorce action of marital debt and one of the spouses debts disputes and the reasons of disputes.The second part is that one party of the couple husband and wife in the internal debts. First, from the judicial practice of one party of the couple debts practice starting, assessment theory leads to different views in academic circles and its point of view and, at the same time the author’s point of view. The main problem secondly there from the judicial practice are discussed. The third part is that one party of the couple debts to creditors. First analysis of the relevant provisions of Chinese judicial interpretation, and then on China’s relevant judicial reviewThe fourth part is the perfection of relevant legislation in china. One is to improve one of the spouses of the debts of the internal rules of burden of proof, the two is to improve the spouse debts to creditors that the rules.