Research On Spousal Common Obligation System

Many researches conducted by Chinese marriage law scholars on spousalcommon obligation merely follow the provisions stipulated by the law and itsinterpretation indiscriminately, giving little consideration to the underlying legaltheories. Base on the analysis of the typical cases and the underlying legal theories,this paper tries to explore the current situation of spousal common obligation and theexiting problems in the judicial practice. Meanwhile, this paper tries to supplies asolid theory and practical experience support and for spousal common obligationsystem by combining the reference to the other countries and the economic theoryanalysis.This paper is divided into introduction, body and conclusion parts, while thebody part divides into four chapters.ChapterⅠ：Thinking triggered by the difficulties in judicial practice. Beginningfrom two actual cases of spousal common obligation, this chapter introduces thecommonly exiting problems of spousal common obligation dissension in the judicialdisposal and investigate the spousal common obligation related problems inadjudication stage and execution stage respectively. The false divorce, the false debtin the nearest few years, and the consequences of these two kinds of cases, are alsoanalyzed in this chapter.Chapter Ⅱ:Comments and analysis on the legislation of spousal commonobligation in China and aboard. This chapter focuses on analysis of the provisions ofthe relevant legal regime in China, at the same time introduces representative lawregime of other country in order to find out the weakness of law regime from theaspect of legal source, legislation style and structure, content of law, and valueorientation.Chapter Ⅲ: Root Sources Analysis of the Spousal Common Obligation System.According to the analysis of last chapter, this chapter tries to discuss the root sourcesof the Spousal Common Obligation related problems from the aspects of legislation and party himself. The limitation of Justice caused by the weakness of legislation isalso analyzed in this chapter. In order to solve the problem from the source, it alsoborrows theoretical focus relevant in Economics to analyze the party’s own reason.ChapterⅤ:Concrete Ideas to Perfect Spousal Common Obligation System.Under the guidance of chapter Ⅲ, the author, bases on the relevant provisions of themarriage law, gives some ideas to perfect spousal common obligation system underthe legal property system and the husband and wife agreed upon property systemrespectively, in order to balance the interest of all sides in the spousal commonobligation.