A Study On Execution Of Joint Property Of The Spouses

If the current complaint is determined only one of the couple should repay the debt by the judge, then creditor claims that his right can not be met in the executive procedure. In order to achieve the execution of the joint property of the spouses, he will request adding debtor spouse into the parties, and asking to confirm the nature of the debt is joint debts. How should the executing agency handle this case, theory and practice has not reached the same conclusion. This article combining theory with case, on the basis of comparative analysis, it will found that the current three operating modes in the practice having the real drawbacks.The article have more than 30,000 words, is divided into four parts.The first part: statement of question. The joint debt is the requirement of the execution of joint property of the spouses. Whether the nature of the debt can be directly identified in the executive procedure or not, have three different treatment methods in the practice. And in theory, there is also a big controversy.The second part: the reason of the chaotic execution of joint property of the spouses.Currently, the practice methods are wrong. On the one hand, because of the value is based on fairness and efficiency, they will choose a different way to define the nature of the debt. On the other hand, because of the confusing law, the executing agency is difficult to resolve the problem.The third part: the criticism of phenomena about execution of joint property of the spouses. Three kinds of practices, whether from basic theory to analyze, or the substantive law does not have legitimacy and legality. The direct execution and the appending method are not met the principle, and the way of the normal litigation is also wrong. Therefore, these methods should not be used to resolve this question.The forth part: how to resolve the execution of joint property of the spouses. The legal entity relationship must be defined in the trial procedure, not in the executive procedure. If the executing agency think the joint debt of the spouses can be established, it means that the judgment have errors. And the current methods cannot be used to make up for the error. So we must use the adjudicatory supervision procedure to re-identify the debtor-creditor relationship.