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Determination Of The Common Debt Of The Husband And Wife In The Case Of Private Lending

Posted on:2018-12-22Degree:MasterType:Thesis
Country:ChinaCandidate:W ChenFull Text:PDF
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As an important part of the economic subject of the couple,is playing an increasingly important role in market economic activities.Identification of the common debts of husband and wife,for non debt side benefits,but also for the interests of the third party,but to the entire market transactions security.Key matrimonial debt that is balanced with non couple the debt side and the interest of the third party.The Supreme People’s Court on Conjugal debt issue guidance,but the provisions of the opinions too ambiguous,new problems emerge in an endless stream to deal with the judicial practice.The people’s Court issued guidance on the high level that the couple of common debt provisions are different,extremely easy to cause the different co contracting phenomenon,and caused a lot of petition cases.This paper is divided into five parts,the first part is composed of two cases and analyzes the research object of this paper.The two cases are private lending cases,and the case is similar.But the two case,the court of second instance has made a different decision,the author analyzes the two a case of the same case different results because of different courts of different law applicable standards,and the definition of marital debt standards are different,thus prone to the phenomenon of different codefendant.The second part is the matrimonial debt with the definition of the concept,the concept of understanding the conjugal debt nature,and characteristics.In order to better define the conjugal debt,which is the legal theory and judicial practice in the controversial point.Through the analysis and comparison of "debt" point of view is more in line with the husband and wife common debts Is the nature of the legislative intent of relevant provisions of the marriage law of our country<>is adopted the partnership debt theory.The third part is the introduction and evaluation of relevant laws and regulations,laws and regulations on the common debts,the Supreme People’s court and the provincial approval guidelines analyzed one by one,through the analysis of research methods comparison of the application in judicial practice of the law,and conclude that "marriage law" and "the marriage law interpretation(two)legal provisions on the seemingly contradictory but unified,in the trial should analyze specific issues,according to different cases,the legal provisions different.The fourth part is the analysis of related judicial practice first of all,according to the actual trial,summed up the case of several private lending cases are different,analyze the comparative analysis on the applicable law for different situations.Private lending cases mainly the application of the" marriage The marriage law interpretation(two)>twenty-fourth of the provisions of this stipulation is the academic origin on the common debts presumption,analyze the rationality and defects of the provisions of the author,the necessity of rational division of burden of proof in judicial practice.The fifth part is the conclusion of the study measures reasonably define this part of common debts.The definition,from the common debt rules,to prevent false litigation,trial practice four convenience are analyzed,according to the above problems and controversial points are expounded,including large debts jointly signed,to strengthen the family agency system,marital property system legislation and strengthen the prevention of false litigation and so on,at the end of the trial the problem in practice from the perspective of trial practice,put forward their own proposals.Hope that through some simple suggestions from the legislative,judicial,law enforcement aspects of reduction Less judicial practice on the issue of controversy...
Keywords/Search Tags:the common debt of the husband and wife, burden of persuasion, the commom debt determination, perfect suggestion
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