On The Determination Of Marital Debt

Nowadays highly developed in market economy condition,couples are increasingly involved in various social and economic activities,for their own purpose or common purpose is engaged in the production,management,finance,consumer debt,such as business activities,make the both sides of husband and wife to external debt often,couples foreign debt problem is increasingly complicated,it also led to the husband and wife in marriage and family relationship for the debt problem is increasingly outstanding.The two sides of handling of the couple’s debt is also a thorny issue in a divorce dispute until the couple’s relationship breaks down,if divorce is brought to court,a court in the case of marital debt problems,there was also the fact that it is difficult to identify the problem,and apply the law that the marital debt is also incomplete,which also led to the debt problem become the difficulty of dealing with husband and wife in divorce cases.How to determine the marital debt,to determine how to bear the common obligation,is very important,because it is not only related to the economic interests of both sides of their divorce and responsibility,more important is related to the third people,namely the creditor’s rights and interests can be guaranteed.Therefore,it is necessary to discuss the concept and legal characteristics of marital debt from the perspective of the marriage law,and put forward some countermeasures to solve this problem.For either one or both spouses of foreign debt,can not be simply identified as personal debt or common debts,should take a cautious attitude,between the husband and wife with a kind of justice and looking for the balance point between the interests of creditors.By analyzing the status quo of the identification of marital debt in China,this paper expounds the concept and standard of marital debt,and puts forward some suggestions on perfecting the identification system of marital debt.This thesis is divided into four parts.The first part is the definition of marital debt,this part quotes and elaborates different viewpoints of the connotation and the nature of joint debt,summed up the mainstream view in China are classified as couple debt,and leads the author’s point of view,the couple debt should be based on the couple’s special personal and property relations as the foundation,the purpose of either spouse’s debt is to meet the needs of the common life and the interests of the family.The purpose of either spouse’s debt is to meet the needs of the common life and the interests of the family,and it should be the debt formed in the process of the joint operation and management of the husband and wife,and the external debt which should be repaid by the husband and wife in accordance with the existing legal provisions or the mutual agreement.The second part is the present situation of the marital debt relationship legislation.This part first examines the current marriage law and its judicial interpretation of the relevant provisions,and the use of legal norms to point out the shortcomings of our legislation and the resulting judicial practice in the plight.The third part is the difficult problem of marital debt cognizance in practice,through case analysis,this paper puts forward the problem to be solved,that is,the cognizance of husband and wife debt,and analyzes the concept,characteristic and the difficult problem of the joint debt in practice,and carries on the concrete analysis.The conclusion is that the husband or wife’s debt must be borrowed from foreign countries for common life or common benefit.The forth part analyzes the insufficiency of legislation of the current marriage Law on the stipulation of the marital debt cognizance,and puts forward the legislative suggestion of perfecting the reform of the cognizance system of the husband and wife debt,and looks forward to the problem of the marital debt recognition.Among them,the standard and scope of marital debt is recognized,and the system research is the focus of this paper.