The Identification Of Couple Joint Debt

There are not so many legislations related couple joint debt in our country,only 8 items as of now.According to these researches of law rules,as the difference between oblige and obligor,we can divide couple joint debt in inner legal relation and external legal relation Inner legal relation is a preliminary criteria when a couple deals with joint debt in divorce,as regards to item 41 of marriage law.External legal relation relationship is a preliminary criterion when creditors advocate rights toward a couple,as regards to item 24 of marriage law,paragraph II.From a legislative perspective,the clause stated inner legal relation of couple joint debt can't have a co-adaptation with the clause stated external legal relation of couple joint debt,so it leads confusion on identification of couple joint debt.For instance,in private lending troubles,the law items whether a debt belong to couple joint debt,is apply to marriage law and related explanation ? 24 item,can't be applied to marriage law 41 item.Secondly,in some legislations related couple joint debt,its value orientation is biased and narrow,using "identity theory" as a preliminary criterion.As a result,legislation detaches from reality,excessively protecting creditors' rights and lacking of protection for unlevered couple,and then inevitably misjudgments appear in actual cases,leading dissatisfaction from many parties involved,this situation has attracted high attention about its suitability from society.The author suggests that it is very critical defining couple joint debt,one of the reasons being an exact defining characteristic of couple joint debt;the second reason being an explicitly guided legal utilization through academic research,enhancing law's public trust,and finally providing theoretical support for building a complete system for identifying a couple joint debt case.By analyzing current laws related on couple joint debt in our country,this article mainly focuses on identification of couple joint debt.It is mainly based on the principle theory of couple joint debt and law suitability problem under a specific situation,as well as referencing foreign legisi(?)through topic researchers and vertical comparison ways to deeply analyze the ess(?)and character of couple joint debt.(?) joint debt is a part of marital property regime,according to the researching reports,our co(?)y's current marital law doesn't explicitly classify the couple joint debt as a part of marital property regime.An important content of couple joint debt is the debt clearance principle.Chinese legal system lacks clear rules about couple joint debt clearance problems,it doesn't constitute a complete system of rules,this is in turn also restricts identification of couple joint debt.The author suggests tackling appropriately the external legal relation of couple joint debt can be completed under current legislation regime.For instance,quoting couple joint debt's connotation in item 41 of marital law to be suitable for couple joint debt external legal relation.The second approach is to normalize the debt clearance principle of couple joint debt.The third approach is to increase judicial explanation under current legislation,in order to provide assistance for unlevered couple to practice law.Specific measures include 1.define debt caused by breaching social order and good customs as personal debt of borrower couple;2.Authorize notary effect for couple property agreement,endowing it with force against a third party.3.Gradually build couple property agreement registration system,empowering it with in-motion effect.4.When presenting evidence,the court should approve of and give more prominence to the unlevered couple party's ability of presenting binding evidence.5.Conditionally agree on separation function of proof in such circumstances.After gradually reaching the above-mentioned judicial practices,we can make a clear statement about identifying a couple joint debts.First,we should refocus legislation stand,distributing equality on protecting creditors' rights and unlevered couple party.Second,bringing the couple joint debt into a part of marital property regime and implementing legislation integration,there should be effective methods to legislate scientifically and explicitly.In the prospective marital law regime,we should scientifically straighten the relationship between marital property regime and couple joint debt,the interlinking between inner legal relation and external legal relation of couple joint debt,with a focus on debt clearance principle of couple joint debt in various marital property regimes.Marital property agreement regime is one of the trends of forthcoming prosperity,therefore it should be brought in the marital property agreement law as one of Chinese legal marital property regimes,it being beneficial to the clearance of irreconcilable contradictions between creditors and couple party in couple joint debt external legal relationship.Finally,couple property registration publicity system is not only important part of couple property regime,but also a critical step towards identify couple joint debt scientifically.