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Research On Adding Spouse As The Debtor In Enforcement Procedure

Posted on:2017-01-12Degree:MasterType:Thesis
Country:ChinaCandidate:X R RenFull Text:PDF
GTID:2346330488972468Subject:Civil justice
Abstract/Summary:PDF Full Text Request
In modern society, with the economic developing, various activities are increasingly frequent. On the one hand, one person lives together with his or her own spouse, restricted by conjugal property system in different degrees. On the other hand, people have more connection with the society in economy, which is closely related to the interests of others as well as society. In the process of implementation, the debtor decided by binding judgment is only one of couple, whether the Executing Body can decide the debtor's spouse to be the co-debtor in order to enforce his or her legal property? For a long time, there are no clear or uniform provisions our existing laws and had no clear and uniform provisions, which results in “implementation chaos”. In view of this, based on the correlation theory and the case, the paper makes a analysis on the controversy of adding the debtor's spouse in enforcement procedure and proposes some specific solutions. In addition to the introduction and conclusion, the body consists of four parts.The first part is the basic circumstances of the case, this part introduces the case of Mr Sheng asking the court to rule Mrs Xu the debtor, leading out the disputes.The second part is mainly about legal analysis of necessity and theoretical basis that the debtor's spouse is adjudged to be debtor in the procedure of civil execution. But beyond that, this part analyzes the identification of couple's common debt. Basing on the legal analysis above, it comes to the conclusion that the debtor's spouse can be taken as the debtor if the debt is decided couple's debt.Based on legal analysis above and different judgments made by different courts, the third part analyzes several focus of dispute in the case in detail and comes to a conclusion. Whether Mrs Xu can be taken as the debtor with the extension of subjective scope of execution. Whether the civil enforcement organization can identify couple's common debt? Whether the couple's common debt must be identified in the trial mode? What is the judgment standard of couple's common debt?The forth part is about the research revelation. First, the part makes a program optimization for the debt occurred by one person. Then, it builds a program that the court rules the debtor's spouse the debtor in the procedure of civil execution, aimed at balancing fairness and efficiency. Last, for purpose of protecting the parties, the paper takes in the best of Germany and Taiwan and gives some advice to the relief system of civil execution.
Keywords/Search Tags:the Debtor's Spouse, Appending in Execution, Community Debt, Dissent Action of Execution
PDF Full Text Request
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