Theory Of The Conjugal Debt

With China’s rapid economic development, the material and cultural level of thepeople rise ceaselessly, the common property of husband and wife also becomes complexand diversity, but the common debts as husband and wife property system have animportant element also gets increasingly the attention of people. However, due to China’s"marriage law" legislation for technical reasons, the matrimonial debt provisions exist somelegal flaw, resulting in many lawsuits, the common debts that became a thorny problem.This paper, in this perspective, pointed out the existing laws exist some deficiencies, andto improve the common debts system, improve the relevant legislation in our country andput forward some suggestions, in order to more conducive to deal with the complicatedsocial problems.The conjugal debt, relates to the interests of creditors and couple’s interests and affectthe social transaction security.In our country, The present law fails to provide clear andpractical provisions on marital debt, and there exit quite a few problems in judgment andburden of proof, which puts the judges in difficulties in practices, and attracts greatattention in the law field. Therefore, giving a correct definition on matrimonialcommunity debt is necessary. This article mainly probes the common problems in judicialpractice and puts forward solutions, proposes the author’s own plain opinions on the basisof other scholars’ views.So combining the current legislation on the basis of marriage lawand using the comparative method and empirical method, this thesis discusses andanalyzes the basic theory of matrimonial community debt and the current situation of thedefinition on matrimonial community debt, which puts forward several suggestions onachieving interest balance between the couple and creditors.