The Cognizance Of The Theory Of Joint Debt

With the rapid development of modern society and economy, there are increasingly amount of couples taking active part in the market economy. Thus, the type of husband and wife property varies instead of being simple and single. Meanwhile, the classification and content of matrimonial debt are becoming more complex than ever. The category of matrimonial debt not only matters in the eternal benefits between husband and wife but also relatives to the interests of the creditors. It will go against to protect the profits of the creditors and break the balance and harmony of the marriage and even affect the civil activities and secure trade if we can not handle it well.The identification of matrimonial remains controversial in the academia and practice,such as the definition of matrimonial debt, identification criteria and the allocation of the burden of proof. In this article, we use case study method and literature research method to elaborate the cognizance of matrimonial debt via analyzing a real case. This paper consists of five parts except introduction and conclusion.The first part focus on the introduction of the case and the controversial points. This part mainly introduce the basic information of the case and the results of judgments and rulings as well as induce the controversial focus.The second part mainly explain the basic theory of matrimonial debt in China including the concepts, characteristics and the identification of the matrimonial debt.The third part goes for the deficiency on the recognizance of matrimonial debt namely the defect of the law, the loop hole of the system and the problems during the justice practice.The forth part focus on the suggestions of improving the identification of matrimonial debt in order to assist the justice practice.The last part comes to the analysis to the case and the opinions toward the identification of the matrimonial debt in this case.