The Reflection And Perfection Of The Common Debt System Of The Couple

In fast-developing economic society, in the name of one or whole of a couple, more and more couples take part in different kinds of economic social activities, among which of production, consumption, finance, business operation, Joint debts which are caused by civil acts conducted by either or both of a couple becomes more and more complicated. It means a lot in promoting social economic and maintaining social harmony to deal with community debt issues of the couple correctly and properly, for the reason that community debt of the couple not only is closely related to property of one of the couple, but also closely concerns legal interests of the third party in transactions. This thesis mainly discusses, on basis of Article 41 of Marriage Law of the People's Republic of China and Article 24 of Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II), about current situation of legislation and relevant problems in community debt of the couple, which aims to perfect and construct community debt of the couple with effective methods.In Part I, the author gives a court case to trigger discussion. In Part II, the author summarizes definition and features of community debt of the couple and further points out meaning of affirming community debt of the couple, by means of analyzing scholars' view-points and relevant definitions. To review our country's legislation in community debt of the couple, Part III briefs laws or regulations in respect of community debt of the couple in foreign countries and Tai Wan and Macao, analyzes differences and similarities among different laws or regulations. Further analysis from the perspective of legislation and judiciary status are given in Part IV to reveal existing problems in our current legislation. Finally, advices in perfecting current situation are provided in conclusive Part V, in which a reform in marital property legislation to solve dilemmas is proposed in one hand, and a dynamic balance, among either party of a couple and the third party, between stability of marriage and safety of transactions, is explored against the unperfected status, by means of constructing scientific judicial trail tools in the other hand.