Study On The Issues Of The Couple’s Debt Provisions

Since the market economy developed so quickly, the family has participate in theactivities of market economy, the types of couple’s possession of property has variedand the reasons,kinds and nature of couple’s point/personal debt has becomecomplicated. Although the Marriage Law in china focus more on the couple’spossession of property, it is not perfect in ruling the couple’s debt that because ofdaily life, management and consumption with others, this imperfection is not good forthe business security, the interests of creditor nor the harmony of family.The scholars in china have studied the couple’s debt overwhelmingly andimproved the system of couple’s debt. However, it is lack of the study of couple’s debtpaying. Taking advantage of the researching findings that have been existed andbasing on the legislation experiences from overseas, this paper discusses thedefinition of couple’s debt paying, analyses the imperfection of the legislation andprovides the ways to improve the system of couple’s debt paying.The structure of this paper is as follows:The foreword mentions the problems of rules of couple’s debt in china through abrief case,especially the definition of couple’s debt and the imperfection of legislationof couple’s debt paying. It also points the necessity of farther discussion of thisproblem.The first part is the theoretical analysis of marital debt. Generousllydistinguishing the couple’s joint debt from the personal debt. Includ clear about itsmeaning, expressed its nature, gives the identified criteria and define their respectiveranges.The second part focuses on the legislation of China’s provisions of marital debt obligations and problems in it. Commitment to the existing legislation relating to thecouple’s joint debt provisions, the provisions assume a couple of personal debt,between husband and wife inside the provisions of recovery assessment, combinedwith the existing rules in the case pointed out the problems. This is the focus of thisarticle. This part will assess the provisions in the current legislation about the couples’joint debt commitment, the couple’s personal debt commitment and the debtrelationship between couples.The third part is for comparative law study which is about provisions of couple’sdebt obligations. Through the introduction of foreign legislation the couples’ jointdebt commitment,the couple’s personal debt commitment,the couple’s jointcommitment order concerning the coexistence of debt and personal debt, the relevantpersonal property and common property of the couple, integrated the features ofcountriess’ legislative, which summed up its revelation given to us.The last part of the article is mainly combined with results of previous studies,drawing on the experience of foreign legislation about the couple’s debt provisions,giving suggestions to prefect the couple’s debt provisions.