Study Of Legal Issue On Loan Between Spouse

Borrowing behavior is the most common kind of property behavior among civil subjects,but it is full of disputes and contradictions when the couple is the main body.The reason is that due to the legislative principle of husband and wife integration and the influence of traditional family ethics in China,the related issues have long been in a state of “left and right” in theory and practice.Due to the particularity of the subject,behavior,and mutual relationship between husband and wife in the field of marriage law,it seems that people have been separated from the complete civil legal behavior system and abandoned,thus resulting in some views that include the behavior of the couple in the loan There is no meaning for the existence of the debt and debt relationship between husband and wife.Even though Article 16 of Marriage Law Interpretation(III)contains some provisions on this content and responds to some questions,the related disputes have been there and have never ceased.Therefore,this article will conduct a comprehensive assessment of the provisions of the Marriage Law,the General Principles of Civil Law,the Contract Law,and other legal norms concerning the behavior of borrowing between husband and wife.Based on the empirical research and the comparative study,it will be relevant.Improve and put forward some of your own suggestions.This article will include the following four parts in addition to the introduction:The first part: The question is raised.This section briefly introduces the case of the cited cases and the judgments of the courts at all levels,summarizes the focus of the case,and sums up the theoretical and practical situation that the loan behavior between spouses as a legal issue in our country.The second part: basic theoretical considerations of the loan behavior between husband and wife.In this section,the author analyzes the legitimacy basis and legal nature of the borrowing behavior between husband and wife,and introduces and evaluates relevant viewpoints,laying the foundation for further discussion.It is proposed that although the loan behavior between spouses has its own particularity due to the subject's reasons,it must be confirmed from the perspective of legitimacy or legal nature,and this confirmation is also in line with our country's entire law,including the marriage law.The basic principles and development laws in the civil law system.The third part is the introduction and analysis of the current regulations concerning the loan behavior between husband and wife in China.In this section,we introduce the current regulations concerning the behavior of borrowing between husbands and wives in our country,and analyze relevant issues and their causes.On the basis of learning and summarizing,the problems concerning the behavior of borrowing between husbands and wives of our country are summed up,and the reasons are discussed,including the problems in the system of matrimonial property and the problems in the external regulations of the Marriage Law.The fourth part: Suggestions for improving the relevant provisions of the loan behavior between husband and wife in China.In this section,the author proposes his own suggestions on how to improve the problems in the related provisions of the loan behavior between husband and wife in China.Mainly from three aspects to elaborate: First,through the overall improvement of our country's matrimonial property system to establish the overall idea of the adjustment of the loan behavior between husband and wife;second is to improve the husband and wife between the borrowing behavior,the existing matrimonial property system The specific issues;Third,the specific recommendations for the direct provisions of the General Principles of the Civil Law and the Contract Law that have a direct impact on the behavior of borrowing between spouses.