The Cognizance Of The Theory Of Joint Debt

Due to the development of the economy, for the current debt of husband and wife thatpresents the trend of diversified and complicated, these caused a lot of controversy in theoryand practice.This article with examples as foothold, to explore the related issues of debt ashusband and wife, put forward some proposals to perfect our couple debt system, in order tohave certain reference significance.Paper is divided into introduction, body, conclusion three parts.The introduction part mainly introduced in this paper writing purpose and significance.Husband and wife together debt system is an important system of marriage and familylegislation in our country.Because our country marriage legislation imperfect couple debtsthat provisions,so the cognizance of the current legislation about husband and wife togetherdebt don’t meet the needs of judicial practice,and trigger a more controversial, it is notconducive to maintain the legal authority and unity, so should be further perfect.The text in the following sections:The first part mainly introduces the basic situation of the case, the main focus ofcontroversy and disagreement of cases, to draw out the theme of this paper to analyze.The second part mainly introduces the concept and characteristics of joint debt. Thecognizance of the joint debt, not only to consider the timeliness, objectivity and also considerthe protection for the interests of the third person.Joint debt characteristics include: look fromthe main body is a specificity, can only be dealt with marriage registration of husband andwife;from the point of view of time is during the duration of marriage, but not limited to,marriage relationship duration;from the point of view of nature is the external debt are jointlyand severally, can agree internally;Look from the performance form is diverse; Look from thepurpose is to couples living together.The third part is the joint debt compensation legislation present situation and the existingproblems.This part mainly introduces the problem of joint debt authentication system in ourcountry are:The lack of specification for joint debt system positioning;the presumption rulesof joint debt system is unreasonable;during the separated couple the cognizance of maliciousliabilities for one of the difficulties;the lack of supporting system, lack of operability.This partaccording to China’s marriage law about the legislative status quo of joint debt system, points out that the joint debt problems of authentication system in the judicial practice, and made aconcrete analysis of a problem.The fourth part is the legislative suggestions of perfecting our country’s joint debtauthentication system.This part is mainly to the idea of our debts of husband and wifelegislation system.Suggestions from three aspects to perfect our authentication system of thecouple’s debt:From the legislative level to improve joint debt scope, content, and strengthen toprotect the interests of a third person;from the aspect of rules fixed joint debt presumptionsystem;from the system level to establish marital debt in recognition system, separationsystem, take the publicity system of couple’s agreed property and supplement dailyhousework agency system of husband and wife.Conclusion part mainly introduced that the principle of joint debt,in combination withthe case of references in this paper,Calculated the case dispute debt belongs to couplespersonal debt.At the same time, according to the actual state of legislation in the currentmarriage law, hoping to improve the system of the cognizance of joint debt, the joint debtdisputes in judicial practice to play a more institutional guarantee.