Research On The Debt Jointly Identified

With the rapid development of economic in our country, people’s living standard has been improving. Under such background, also as the main economic activities of common communication, the couple are involved in all kinds of economic activities which are gradually increasing at the moment, leading to the phenomenon that both sides of the couple or single side have debt become more frequently. These activities caused by the debt problems concern the relationship not only the interests between husband and wife, the relationship between the third person’s legitimate rights and interests, but also concern the market transaction security, so it is necessary to identify the jointly debt. Throughout the current law in our country’s, there aren’t so much research on this issue, and there also exist a big controversy. It also initiate some difficulties in judicial practice resulting in a lot of trouble in the judicial practice. Additionally, there are some defects in the issue of legislation about jointly debt in our country, because of the lack of our country marriage law in legislative technology, there have some certain applicable law conflicts caused by unknown rules. In this paper, the debt jointly identified problems are analyzed and discussed, then we put forward the method to solve them. On the basis of the predecessors, the author do a superficial analysis and discussion, presented their views and suggestions.This paper mainly has four parts:The first part:The basic theory of joint matrimonial debt. Through a clear definition of our current view of several of the couple’s joint debt academic concepts and describes the nature of the couple’s joint debt, and legal characteristics of the couple’s joint debt, such as generating non-specific nature of time, the causes of diversity, the main obligations of the joint, so that the concept of the couple’s joint debt to more clearer.The second part:Recognized standards jointly debt. Analyzes China’s current debt jointly identified legislative provisions on, and then the two of Marriage legislation that standard jointly debt research. Finally, return the case, this article summarizes the cases of marital debt that standard findings.The third part:Debt identified jointly analyze the causes disagreements. Pointed out that some of the issues jointly identified in the legislation, such as the scope of the couple’s joint debt is not clearly defined, the abuse of power of attorney daily family, husband and wife together debt burden of proof and other unscientific make specific analysis according to the current problems.The fourth part:Advice and countermeasures on the jointly debt identified in our country. Combine the related rules of Marriage and Family law, by improving and perfecting the system and architecture of law, together with the Couple’s Agency of Family Affairs and the registration and public system of spouse’s property and so on, then we can develop the system of the husband and wife’s common debt finally.In the conclusion part,:A brief summary about the basic framework for the purpose of this paper are made finally..