The Determination Of The Nature Of Debts Owned By Husband Or Wife

With the development of the market economy,the issue of private lending which relates to marital debt has become a hot topic.On one hand,it reflects the flourishment of the non-governmental financing which has extended the finance channels and injected energy to the economy;yet on the other hand,it also makes it more difficult to define whether the debt incurred by one party during the marriage should be regarded as debt for both parties,due to the lack of related laws and regulations in China.This paper is going to study the debt incurred during the marriage by one party,which is not new to the academia but does always bring new insights.It analyzes the fundamental theory of marital debt,the definitions of debt of the two parties during the marriage and debt of only one party,and the advantages and disadvantages of two approaches to determine the debt.It also can be taken as suggestion that helps to determine the nature of debt properly,to balance the rights of people in marriage,rights of the family and also the rights of debtor and ultimately to safeguard the sound development of market order.Apart from the Abstract and the Conclusion,this paper can be divided into three parts.Part one is the determination of the nature of the nominal liability of the spouse.What is husband and wife common debt? Or A spouse's personal debt? What are the aspects of the protection of the interests of the spouses of non-debtors? leads into the research subject by case introduction,the referee analysis conducted,discussed the private lending involving marital debt from different courts of different qualitative,leading to different results,to some extent,the debt of the husband and wife in judicial practice found the standard scale is inconsistent.To the ordinary people,it is more difficult to unify the judicial notice,so as to cause my thinking about the nature of the nominal liability of the spouse.Part two is the basic theory of the nature of the spouse's nominal liability.In order to P,this paper discusses the common debt of the husband and wife,the concept of the individual debt of the husband and wife.This paper argues that the debt of husband and wife and the joint debt of husband and wife should grasp the different criteria,and distinguish the legislative intent of the two,in order to adopt the type of fixed debt is the joint debt of husband and wife or the individual debt of husband and wife.In the practice,the author discusses the recognition of the special debts incurred by several kinds of husband and wife in the name of the individual.Part three is to improve the determination of the nature of the debt of the spouses.Through the analysis of the case,the basis theory of marital debt,combined with some of the results and some of their own views,the nature of the debt of one of the spouses put forward their own opinions and suggestions,in order to benefit the legislation and the judiciary,to protect the conjugal family harmony,pay attention to the maintenance of the interests of the husband and wife,and realize the protection of the interests of the creditors win-win,and strive to achieve the standard of the debt nature of the husband and wife during the existence of marriage.