Study On Defining The Couple's Common Debt

With the progress of society and the development of economy,disputes of property between the couples present diversified and complicated trends,as well as the couple's common debt that is a part of negative assets.The identifications of the couple's common debt in current Marriage Law and judicial interpretations are too general and broad. Moreover,the unified standards have caused many differences and questions in theory and practice.The paper adopts comparative research,cases study and other methods which are used to analyze the existing legislation,and puts forward some proposals to perfect the system of our matrimonial property.In addition to the introduction and conclusion,the rest of this paper is divided into four main parts which discussing the couple's common debt.The first chapter mainly introduces the concept and characteristics of commondebt.Through some opinions of scholars in theory, the paper has its own suggestions.From the perspective of comparative law,the second chapter introduces and analyzes rules and regulations about two countries of the Continental law system(for instance Germany,Switzerland), Taiwan area, and Macao area.This paper also explores these advantages.Combining with the study of two cases,the third chapter points out a lot of problems in our system. For example,our system has no clearing range of the couple's common debt. The rule of presumption is even unreasonable.The last chapter introduces some legislative suggestions.Under the basis of previous studies in theory and practice,the paper offers some perfecting proposals by the research of foreign legislative experiences and our actual situation.