Study In Identifing The Nuture Of The Couple Secured Debt Of One Side

Couple debt dispute has been a controversial debate in the academic and practical circles. With today's rapid socio-economic development, One of the spouses is frequently participating in social and economic life on common.During the existence of marriage,spouses provide guarantee for others causing controversy is common in judicial practice,thus making a trouble for judical practising. This paper is divided into: the introduction, putting forward problem, the necessity to identify,the demarcation of the secured debt of a couple general rules identified by the nature of the couple debt, whether the secured debt of one person is couple's joint debt, the confirmation standard summary of secured debt,brief sum-up and so on.Introduction part mainly elaborated the significance of this paper. Because of the imperfection of the current rule in judging couple debt, and the secured debt of one side have the own special characteristics, judicial practising is uniform in the operation, resulting in confusion in identifing standard, which is extremely unfavorable to highlight the legal and judicial justice fair, it causes below.Part I- the raised of issues. The first section describes the brief details of tow typical case court judgement. Secondly, analysing the cause of the different reason of the two cases. Thus leading to the problem of disunity in identification of one side'secured debt of and how to identify the triggering of the spouses of the burden of debt security issues.Part II- The necessity of definition and research of one side' secured debt of couple. This section describes the main features of the secured debt and tell the particularity of one side'secured debt from the common debt. Thus lead to the topic of necessity of research in identifying the one side'secured debt of couple, the particularity of the spouses of the debt burden of security, lack of existing provisions, the existing limitations that standard judicial practice is not uniform, all above are the reason that why the identification of one side'debt is urgent need to study.Part III- how the secured debt of one person to be defined. The part of the concept of secured debt, the legal characteristics as the starting point for one of the spouses of the burden of external debt of special legal protection features expanded in-depth analysis to explain the particularity of the spouses of the security of the debt burden, thus also for the study which finds the standards of couple debt burden of security provide theoretical support.Part IV- the general rule of identification in the debt'nature of one side. The part mainly make a statement of current viewin our country: "marital relationship continues to say", "differentiated" theory, "complete living together say" and give a evaluation, and then analysis the mainstream view of judicial practice. Then make a conclusion that every viewhas its pros and cons, external security spouses have formed a variety of perspectives, it can not simply apply the one side'secured debt to a particular viewpoint conclusion.Part V- Whether one side'secured debt of couple is jointly debt. The section starting from two aspect of somebody'guarantee and something guarantee, specifically addressed in which circumstance one side'secured debt can be identified as the couple's joint debt, in which circumstance cannot. Thus arranging the different criteria of the the couple joint debt.Part V—The summary of standard in one side'secured debt. Combined with the analysis of the fourth part, out of the "Marriage judicial interpretation(b)" Article ‘24th standard of “the existence period of marriage”,combined with" Marriage Law "Article 41 th standard of “family living together " and the cannotation of family thing'dealership,summed up those standard of one side'secured debt: the jointly will, for the common interests of the family, for the family to live together or share the benefit.Finally is the summary and the acknowledgments section of the paper. The author explore the standard of one side'secured debt with poor knowledge, intend to explore standards rational in legislation and simply oprational in judical practice. hoping to help the dispose of disputes for one side'secured debt of couple.