Study In Identifying The Nature Of The Couple Tort Debt Of One Side

With the rapid development of market economy in our country,the people's living standard is increasing day by day and more and more couple are participating in the activities of the market economy.In this context,it's a common social phenomenon that a lot of foreign debts are producing between one side or both sides of couple and third party.But when divorce,couple are disputing with each other about the nature of debts.And identifying the nature of debts is the precondition of paying off them.How to identify the nature of the couple contract debt of one side is prescribed in the Marriage Law and the relative judicial interpretation of our country.However,there is no clear rules about how to identify the nature of the couple tort debt of one side.So there are some differences about this question between theoretical cycle and practice.This paper aims to study some theoretical issues which is related to identifying the nature of the couple tort debt of one side.Firstly the specificity of the nature of the couple tort debt of one side raises the overview of the basic theory.Then summarizing the different views about this question and making comments on them.Next sorting out the legislation related to identifying the nature of the couple tort debt of one side and making comments on them.Finally on the basis of the in-depth theoretical study,experience of extraterritorial law and judicial practice and builds a set of reasonable and specific rules to resolve this issue.Except the prologue and epilogue,the paper is split into five parts:The first part introduces the basic theory about the couple tort debt of one side.Defining the concept of the couple tort debt of one side.And then summarizing the characteristics of it on the basis of theory of tort law and marriage law.Next stating the significance to research the topic from two aspects of theory and practice.The second part sorts out the legislation related to identifying the nature of the couple tort debt of one side and making comments on them.Identification of the nature of the couple tort debt of one side is one part of the identification of the nature of the couple debt.Combing the current legislation and rules about identifying the nature of couple debt,and then making comments on the legislation on the basis of the particularity of the couple tort debt of one side.Finally clearing the applicable regulations in the identification of the nature of the couple tort debt of one side.The third part is the different views about the nature of the couple tort debt of one side in theoretical circle and practice and making comments on them.The different views can be divided into three categories after integrating a large number of information.And stating the claims and reasons respectively.Then making comments on them according to theory of tort law and marriage law and putting forward my own proposition.The forth part is the extraterritorial law experience about the nature of the couple tort debt of one side and making comments on them.Introducing the legislation about this question in Germany,France and Macao and comparing them.Putting forward the worthy experience on the basis of our country's actual situation at last.The fifth part puts forward the research conclusion that builds a set of specific rules of identifying the nature of the couple tort debt of one side.This part includes two aspects:stating the basis of building a set of rules to identify the nature of the couple tort debt of one side and the contents of the rules.The arguments includes two sections.The first section is theoretical basis which contains interest balance theory,tort law theory and marriage law theory.The second section is judicial practice experience.The author selects some typical cases which are analyzed deeply and then obtains some helpful experience.As i said above,i come up with a set of specific rules.The rules contain two sides: identifying the debt as personal debt in principle and identifying the debt as couple's debt if it accords with one of the three exceptional situations.