The Cognizance Of The Couple’s Joint Debt

The conjugal debt refers to the marriage, as couples living together and the foreigndebt has produced, between causes diversity, obligations shall bear joint and severalliability characteristics. In this paper starting from the case, analysis the focus of the case,reflection "some sentenced" approach. After the legislative analysis, summed up theproblems in the judicial practice. This paper describes our country in the determination ofconjugal debt legislation evolution, the intention of the legislators from. Since thefounding of the PRC, China respectively in1950,1980and2001were issued threemarriage law. In this three marriage laws, there are corresponding laws to regulate theconjugal debt. For the understanding of the law is the premise of the law, the presumptionof one-sided understanding of the case in judicial practice of different sentencephenomenon It is often seen., triggered a series of social harm, if either the husband orwife is fictitious debt, cause moral risk; arbitrary expansion of conjugal debt scope, inviolation of the law justice; not conducive to the maintenance of marriage family stabilityand so on, and eventually damage the judicial authority. Many scholars and judges are ofthe view that the current law is inadequate, need to be modified, however, a revisedlegislation can only reduce the stability of the law, not only can not solve the problemnow, and may lead to new problems. Range, only the reasonable definition of commondebts between husband and wife the correct use of proof rules can good judgment lawful,reasonable and fair, to enable parties convincing, to make people believe the law. Thelaw is the prerequisite and basis for our case, and legal workers must be on the premise ofadhering to the principle of flexible, applicable law, use their professional skills to makethe legal justice.