Study On Matrimonial Community Debts

Along with the rapid development of economy and the change of the value of marriage and family, husband or wife increasingly raises a loan in his own name in marriage. The right cognizance of matrimonial community debts is of great legal significance for the effective safeguarding legitimate interests of the marriage parties and the creditors, especially for safeguarding the trade order and social stability. There a contradiction between law suits brief and judicial interpretations sketchy in our legislation on spousal common obligation, Which results in controversies over the cognizance of the matrimonial joint debts in academic research and judicial practice.The article introduces a law case judged, uses the legislative experience of Louisiana and Quebec for reference, and then puts forward to perfect suggestion on the couple's joint debts system.This article is divided into five parts, except for the introduction and epilogue, and nearly 20, 000 words are included.Chapter 1 : court decisions. The article introduces the issue on matrimonial community debts' identification, such as judging standards, burden of proof, by the legal disputes in court sentence judged.Chapter 2:Overview of theories on matrimonial joint debts.The article analyzes the different concepts of the common debts in theoretical research, summarizes its legal feature, sums up the significance of the accurate cognizance of matrimonial community debts.Chapter 3: Introduction and examination of the foreign legislation. This part recommends and evaluates in detail the Louisiana and Quebec ' legal provisions on it, such as legislative structure, standard, repayment and recovery, law rules wander marital property regime of separation judged by court, to provide the basis for the later proposals.Chapter 4:The analysis and evaluation of the domestic legislation.This part presents and estimates the rules on matrimonial joint debts, and points out its legislation deficiencies, which includes the legislation with a scattered legal system and low level, the standards paradoxical, the scope being neither clear nor certain, unreasonable burden of proof, sufficient rules on the repayment and recovery and so on.Chapter 5:the suggestion of our system on matrimonial common debts.According to the deficiencies mentioned above in legislation, the article propounds those optimization of suggestion: rebuilding the structure and system, recognizing the nature of debts in terms of the time and exceptionally the application being of the debts, giving examples of the scope, limiting the order of the repay and the time fulfilling the compensation right, setting up system of public registry by marriage registration authority.