Study On Common Debt In The Marriage Relation

With the gradual development of economy in our country, a couple’s family lifeis no longer a pure and internal family behavior between husband and wife, and it isalso related to the third party, such as the debt because of either husband’s or wife’strade with the third party based on the couple’s common life, or the debt because ofone side’s or both sides’ management behavior on their common property to the thirdparty and so on. Moreover, these debts are very common in our daily life withchangeable form which is always involved in the interests of the third party. Therefore,whether the provisions of the joint debt in the legislation of our country is perfect ornot plays a very important role in protecting the interests of both sides of the couple aswell as the third party. Due to the early issue of marriage law of our country and thegreat change of people’s life style, the lag of legislation is very prominent in ourcountry which leads to the legislation blank or not detailed of many problemsconcerning joint debts. Such as the lack of detailed and specific provision to the scopeof joint debts, the rules of liquidation of joint debts are too simple and lack of the debtrepayment rules in different situations, such as the processing rules of debt during theseparation period between husband and wife; Burden of proof provision of joint debtsis too principle, which is unfavorable for the protection of the interests of both sidesof husband and wife as well as creditors, etc.This article mainly introduces the theory of joint debt and analyzes all currentlyexisting problems in the legislation of joint debt system in our country. Meanwhile Iput forward some of my own suggestions with reference to the provisions of the jointdebt in different places both at home and abroad, combined with some localregulations in our country.