The Determination Of The Nature Of The Debt Of The Spouse In The Name Of The Individual During The Marital Relationship

With the rapid economic development, the couple as the market main body participation in economic life is becoming more and more frequent, cause the marriage relationship is no longer in existence of the matrimonial debt disputes increasingly complex.In many of the lending cases, only one of the spouses signature debit and credit also accounted for a large proportion, and in this case," "marriage law of the People's Republic of China and the lack of judicial interpretation has brought a lot of confusion to the judicial practice, very large space and bring the discretion, caused between the trial level the great differences between regions, and even the judge because of the different understanding and contribute to the judgment of the emerging phenomenon. This paper is mainly about the marital relationship continues to exist during the recognition of the differences of opinion, one of the spouses in the name of the debt of nature, analysis.The full text is divided into five parts:First, the origin of the problem. Through two cases, leads to one party alone debt that difficult problem, either to protect the debtor spouse, or attach too much importance to the interests of creditors.Second, during the existence of marriage couples on the name of one of the debt nature that the referee in confusion. Analysis of "marriage law" forty-first and "the Supreme People's Court on certain issues concerning the application of People's Republic of China Marriage Law> interpretation (two)" (hereinafter referred to as the "marriage law explain two") twenty-fourth existing understanding of conflict and the allocation of the burden of proof on the problem.Third foreign couples, whether during the existence of marriage on the name of one of the debt nature. The legislation and the judicial precedent of this part mainly introduces the foreign, couple of agency system of family affairs, the marital property the compensation system, matrimonial property publicity system were analyzed, and then find the identifying system of reference for our country to matrimonial debt.Fourth, improve the couple during the existence of marriage on the name of one of the debt of our country. In this part, analyzing the defects of existing laws mainly in: "marriage law explain two" twenty-fourth precondition set preconditions are not clear, the allocation of the burden of proof is unreasonable and the standard of proof of how to define. According to the defects make their own suggestions of improvement.Fifth, the existence of marriage during one of the spouses in the name of the debt in the judicial practice. Aimed at the above several parts of marriage during the existence of marriage on the name of one of the debt based on the nature of the conclusion of the study, a comprehensive assessment of this case.