Research On The Determination Of Common Debt Of Husband And Wife

Marriage and family as an important element of society,in the prosperous development of the market economy,family members in order to live to carry out a variety of market economic activities,to witness the development of every stage of society.In the economic dealings with the outside world,debt and debt relations with others are inevitable.The current material living standard is leaps and bounds,the phenomenon is more common,in order to manage family common things and debt is not new,the main characteristics of the current marriage debt is concentrated in the large amount,the longer the repayment period of these two points.The law of our country has insufficient provisions on the debt attribution of husband and wife in the process of dealing with family affairs or personal affairs,which leads to a series of consequences,such as the contradiction between husband and wife,complex family relations and prominent social problems,which have influenced the development of our country's economy and the inability to guarantee the interests of the creditors.The transaction has been reduced to some extent,and traders have their worries behind.The marital property has two kinds of static and dynamic states.The focus of the marriage law of our country is always on the static attribution,but neglects the dynamic source of the couple's debt: the process of obtaining the husband and wife's property,the possession of property,the way of the couple using property,the process of processing the income and disposing of the property.If we can take account of both dynamic and static state,the status of the joint debt will be different from that of today.This paper,taking the change of the status quo as the starting point,uses comparative analysis,case study,theory and practice and other research methods,in view of the large number of problems arising in the identification of the common debt of husband and wife,the legal definition of the common debt of husband and wife and the personal debt of husband and wife in China is discussed in a comprehensive way,at the same time,in order to broaden the field of vision,Foreign husband and wife debt identification rules are briefly expounded,in contrast to find the shortcomings of the law in China,draw on the law of other countries,improve our legislation,and put forward feasible suggestions for the identification system of family debt belonging toour country.In the study of the definition of the rules,according to the case of marriage and family in the case of debt attribution of the single aspect of debt,a study of the existing problems and the identification of the rules,and put forward some suggestions.The study of the rules for the determination of the common debt of the husband and wife is beneficial to the protection of the interests of the creditor and the husband and wife,the security of the transaction,the promotion of the harmony of the family and the healthy development of the market economy.