Judicial Response Of Husband And Wife False Common Debt

With the progress of society,people's freedom of marriage and marriage concept is changing,divorce cases are increasing year by year,divorce cases are inevitably involved in the common property division.In recent years,the divorce of one or both sides of the couple in order to multi property and deliberately forged the non existence of the joint debt of the couple,and even filed a false debt disputes in civil cases are not uncommon."Marriage law" twenty-fourth provisions of the creditors on the marriage relationship during the duration of the couple in the personal name of the negative claims of rights,shall be treated as husband and wife jointly debt.The is to the provisions of the protection of bona fide creditor's legitimate rights and interests,is to divorce husband and wife property side by making false joint debts of husband and wife,the divorce cases in civil judicial practice bring the joint property of husband and wife and husband and wife common debts recognizes the challenge.The couples analyze false joint debt civil case judgment based by research problem of husband and wife a false debt base,referring to the relevant provisions of the foreign civil law compared to the developed countries,through analysis on our country husband and wife false joint debt related laws and regulations and provisions of the legal system status,obtained the relevant legal systems need to further improve the conclusion,and to improve the focus and content of the construction.China should be perfect in the legislation,in the judicial to deal with,change the relevant judicial interpretation,better guidance and service in the divorce case of civil trial practice.