Study On The Judging And Paying Off Of Matrimonial Common Debt

When two people get married, they need to live together and should perform their statutory support obligations. Although the marriage law and relevant judicial explanation of China have regulations regarding matrimonial debt, the provisions are different.The different definitions of matrimonial debt causes debates of understandings and applications of the rules. If the couple make decision together to sign a loan contract,they will not have disputes over the nature of debt. When one reaches a loan contract with the third party and should pay back the debt according to the contract,his or her spouse may refuse to repay the debt together.It means that the couple and the third party will have different opinions on whether the debt is common debt. Since differnet courts’ understandings and applications of the provisions are different, their judgements of the similar cases are different.This paper is divided into four parts.The first part includes the purpose and significance of study, literature review, research methods, structure of the article. The paper is conducive to resolving practical disputes over whether the debt is common debt of the couple in cases.The second part discusses the theoretical basis of matrimonial common debt. Matrimonial debt system is an important part of matrimonial property system. Establishment of matrimonial debt system is to satisfy the need of the couple’s living together and to sustain the family’s core functions. Legislations of France, Switzerland, German, Japan, Italy shows that common debts of the couple should be used for the couple’s life.The third part focuses on the relevant articles and judicial practices of China. The part introduces Marriage law of 1950,1980 and 2001,supreme people’s court’s opinions of dealing with the problem of division of property of divorce cases in 1993 and the existing three judicial interpretations of marriage law of 2001.Article 41 of Marriage Law is different from Article 24 of the Second Judicial Explantion of Marriage Law on the standard of the couple’s common debt. The different articles led to the different sentences of similar cases.The part focuses on the different applications of different courts and chooses the better revolution.The fourth part studies the settlement rules of the matrimonial common debt. Marriage Law is not detailed and clear on the part.The paper analyzes different opinions. In the author’s view, the settlement rules of the common debt depends on whether the marriage exists.