The Study Of How To Determine The Husband-and-wife Common Debts

With the continuous development of market economy,the family as a market economy unit participate more frequently in production,operation,consumption activities.What comes next is couples liabilities phenomenon which leads to the increasingly concern of the couples' joint debts identification,a complex and diverse problem.there are relevant provisions in both present "Marriage Law" and judicial interpretation about husband and wife's liabilities identification,however,they are too vague and broad to conduct judicial practice.Moreover,in China's academic circles,the study on identification of husband and wife co-signed debt has achieved different results on the basis of which this thesis is carried out.This paper first analyzes the concept of couple's co-signed debt,and then compares the common debt with husband's and wife's personal debt.Third,it is the analysis of standards and types of the joint debts of husband and wife.At last,recommendations are proposed for legislation perfection of Chinese husband and wife co-signed debt.The first part is introduction of identification of the joint debts between husband and wife.First of all,through the comparative analysis of the common debt,a comprehensive and general concept of common debt between husband and wife is presented;Secondly,by analyzing different points of the joint debts and personal debt,special features of couple's personal debt is summed up;Finally,it is the analysis of the cases where there is difficulties in the identification of co-signed debt to show the great significance the identificatrion.The second part is the research of identification standards.The summarization of our legal standard to identify the joint debt is based on analysis of the "Marriage Law"and relevant judicial interpretations.It is pointed out that there is disagreement between our present legal and judicial interpretations.After that,this thesis defines both the theoretical division and application of our legal intensification of couple's joint debt.in the end,with combination of China's relevant laws and judicial interpretations theories,a summary is made for the standards of identification of couple's common debts.The third part is of types of joint debt.This part of the concrete application of that identification standard summarized above about the common debt of the husband and wife in practice.This thesis cites a few typical marital debts,combined with the relevant provisions of our laws as well as that identification standard to make a specific analysis of types of husband and wife co-signed debt in order to make an accurate judgment in practice while identify marital debts.The fourth part is a list and summary of Chinese scholars'Various proposals for the perfection of identification of joint debts between husband and wife on the basis of the analysis above.Besides,the conclusion of other scholars,the thesis also presents legislative proposals to improve the identification of couple's joint debts.