The Creditor's Remedy Path For Husband And Wife Maintenance Obligations

As an important content of marriage law,the maintenance obligation of husband and wife is the substance of ethic relations,and contributes to family and society harmony.Because of tits features of being abstract and vague,it has caused many problems in legal practice and has been argued by the scholars,especially with the angles of the relationship between morality and law.In this essay,the maintenance obligation of husband and wife will be proved with the nature of debt property,which can provide support for its definition which always argued by scholars.It is meaningful for founding a reasonable and unified standard in law practice.Meanwhile it can discover a new research idea to expand the approach from marriage law to other laws.By finding the connection of marriage law and law of obligation and setting the maintenance obligation of husband and wife as an example,it can be helpful to get some suggestions of legislation,which can avoid extensive modification of law.Above all,the essay can be divided into three parts:In the first part,there is an analysis about the lack of relief of the maintenance obligation of husband and wife in the legislation of our country.Through the concept of maintenance and the arguments,it is better to expand its content to spirit part,which can make its content more completed and the right be protected fully.By studying the existing approaches in law,it is obvious that the existing approaches are too simple to fix the obligation approach totally and clearly.In the second part,the problems in law practice in our country will be introduced,which are caused by the different comprehension of the maintenance obligation of husband and wife,and the simple approach.Combining the problems in three groups of cases,it will get the lack in legislation and the necessity of finding a new approach with the analysis of the influence of the judgments.In the third part,there is a discussion about the possibility of setting a new approach in obligatory rights of the maintenance obligation of husband and wife.In this part,it is an analysis that marriage relation born with a strong property of debt,which is based on the covenant theory of marriage and its expansion.Simultaneously,the debt property of the maintenance obligation of husband and wife will be discussed combining with the theory of atypical debt.According to the conclusion of its property,the reasonable suggestions can be proposed to solve those problems with the debt relief approaches.