Study On The System Of Marital Debt Under The Vision Of Partnership

The sound system of marital debt can not only protect the interests of creditors effectively, so as to promote trade and protect the security of transactions, but also balance the conflict of interests between husband and wife effectively, thereby maintaining harmony and stability of the family. However,China’s current legislation about marital debt system flaws quite a lot, not only the location of the matrimonial debts system is biased, but scattered and lack of system, there are many needs to be perfect in the substantive and procedural aspects.. There are also a lot of discussions about the protection of creditors and the recognition of matrimonial debts, this paper is based on the method of comparative study, through the analogy between the marital relationship and partnership, from a new perspective to define the properties of the marital relationship- partnership property of the relationship between husband and wife. The identification method and settlement rules of the debt of partnership can be introduced into marital debt system, in hope that we can learn from the usefulness of the partnership debt system to improve our system of marital debt.。The main structure of this paper as follows:The introduction part mainly introduces the theoretical and practical significance of the perfection of marital debt system, and also makes a brief introduction the method of comparative study of this paper.The first part is mainly to discuss the partnership property of marital relationship. From the start to discuss the characteristics of the people combination of the partners, this part tells the similarity between the partnership and the marital relationship; secondly this part discuss how the ethical conflict between marital relations and economic characteristics of partnership are reconciled. Thereafter we get the conclusion--marital relationship with a partnership property, or view the marital relationship is a special kind of partnership relations.The second part of the article is mainly on the description and analysis of China’s current legislation and judicial status of the matrimonial debts system, which discusses the defects and blank of China’s legislation, also introduces some confusion often encountered in judicial practice.The third part of the article is mainly about the introduction and reference to foreign legislation. This paper selects three representative countries(Germany, France and Switzerland), discusses and comments on the regulations of the matrimonial debts system in the civil code, then obtains some enlightenment to perfect our system of marital debt.The fourth part of the article mainly introduces how to identify and pay off the marital debt under the vision of partnership, which is the innovation of this article. This part firstly introduces the cognizance method of debts of the partnership and the liability of liquidation; secondly, expounds the feasibility of ideas that gives marriage community limited legal subject qualification; finally, discusses how the cognizance of marital debt and liquidation rules draw lessons from identification of partnership debt and liability. Thus the salutary views of the partnership debt system is introduced to special partnership—marital relationship.The paper finally puts forward some advice to perfect the system of marital debt. The first is to improve the positioning of marital debt legislative system. The second is to propose the establishment of daily family agent system and separation system according to the identity of the couples’ relationship. Finally, according to the partnership property of marital relationship, absorbing the advantages of the system of partnership, the paper proposes to establish the management system of jointly property, to perfect couple’s internal recourse system, and to establish the participation system of creditor in the divorce proceedings.