Research On The Problems Of The Common Debts Of Husband And Wife

In modern society, the rapid development of the market economy is the main theme of the present era of economic development, debt relation is one of the typical market economy. Also because of the strengthening of the role of human, is more personal based foreign debts. A position as families have become increasingly prominent, the conjugal debt problem gradually. For these common debts, negotiation fails, how to identify these debts? Especially for difficult and controversial debt problems, how to analyze and judge is a problem worth thinking. In this regard, the theory is not a practice, also has a different approach. Based on the analysis of their different ideas the standards and basis,and the burden of proof of judgment. This article embarks from our country marital debt system combined with the status quo, compared with foreign related legislation on the system. The status quo and the problems of the theory of practice in practice are reviewed. And pointed out that in our country marital debt system, what are the deficiencies, then in-depth analysis of reasons. Finally, combined with the related theory,in order to put forward the system of our country marital debt system problems, methods and viewpoints are universal. The traditional family concept by the market economy relatively strong impact, to clarify the relevant problems of conjugal debt It is of great significance to the maintenance of family harmony and the protection of the creditor in order to maintain the market economic order.This article consists of four parts:The first part: the overview of the couple's joint debt. The concept of conjugal debt,characteristics and properties. The concept for the common debts of theoretical circles have different opinions, the article discusses the characteristics; analysis of conjugal debtfrom many aspects; the author gives his own opinions on the two view analysis theory on the common debts of nature.The second part: the status quo of China's marital debt system. The scope of the matrimonial debt of the legislative status quo of the current judicial practice were discussed. By comparing the analysis of the current situation and the extraterritorial legislation of our country marital debt system of conjugal debt by means of comparative analysis. Through the analysis of this part, the common debt our system to achieve knowledge and understanding to a certain extent.The third part: our country marital debt system. Combined with the actual situation of the system of our country, respectively explore the shortcomings in our country marital debt system and analyzes the reasons from various angles, such as: the existence of conflict of marriage law system existing is not established; daily family agency; "the standard presumption of no balance of creditors and a couple of others' interests and in the allocation of the burden of proof on the existing problems , to lay the foundation for the following recommendations.The fourth part: the perfection of our country marital debt system. From the perfect housekeeping agency system, the establishment of common property system of husband and wife, husband and wife debt jointly signed four aspects of the establishment of the system and the burden of proof allocation recommendations for our country marital debt system.