Research On Legal Issues Of Processing Of Disputes About The Couples' Common Debts After Divorce

In the divorce rate rising today,divorce after the husband and wife debt disputes have become a common practice in the judicial practice of a type of dispute,but the judicial practice of its recognition and processing but because of the legal level of the diversity of standards and local courts to determine the rules Different and thus show different results.Based on these problems,the author analyzes the dissenting opinions of the courts at different levels and forms the divorce debt dispute after divorce,based on the brief introduction of the case and the verdict on the basis of the civil debt and loan cases with high degree of deceit husband and wife debt after divorce The case of the controversial focus,from the perspective of the legal analysis of the divorce after the divorce of the nature of the debt,identified and even bear the rules of judicial practice in-depth analysis,which in the current legislative framework for the formation of divorce after the formation of the type of husband and wife debt Solutions,and on the basis of the solution to the final conclusion of the relevant social level to the legal level of inspiration.This article is mainly composed of three parts:The first part of this article mainly shows the case of husband and wife in the process of their own foreign economic activities caused by the debt disputes,the court's handling of the dispute and the results of the referee,highlighting the court's findings on specific contingent debt disputes,identified There are differences in the basis,the nature of the debts of the spouses,and the commitments.The second part of this article is to deal with the treatment of debt disputes after divorce.Based on the analysis of concepts,features,and other aspects,this article discusses China's treatment of debt disputes after divorce,including both legal aspects and Including the position of relevant judicial interpretations,there are also various local people's courts' practice-handling programs and reviews.The third part of this article focuses on the situation of case studies and case analysis in the previous two chapters,and on the premise that China's husband and wife debt disputes have been dealt with in a comprehensive manner and that the issue of legislation is not sufficient to fundamentally solve the problem,it is concluded that it will be typed.In conclusion,the basic distinction between normal debt and abnormal debt can be divided into normal debts,which can be divided into debts caused by acts within the scope of daily family agency,debts that constitute acts of proxy,and debts caused by common production and business activities.There are several situations,including waiting,while the typical forms of abnormal debt include fictional debts,debts caused by illegal activities,separations,and debts caused during divorce proceedings.