A Comparative Study On The Legislations Governing Matrimonial Debts Among The Mainland,Hong Kong,Macao And Taiwan Of China

The matrimonial debt system is an important part of the matrimonial property system.A reasonable and scientific matrimonial debt system can protect the interests of third parties,and at the same time protect the legitimate rights and interests of Non-contractor Husband and Wife from infringement,reflecting the legislative purpose of modern marriage and family law taking into account personal interests and social interests.Nowadays,the economic interactions among the Mainland of China and other three Regions are becoming increasingly close,the situation of intermarriage is becoming more and more common,the interests of marriage parties are more and more complicated.The matrimonial debt's dispute among the Mainland of China and other three Regions have occurred in large numbers.However,due to the different jurisdictions and the differences in political,economic and cultural aspects in each region,it is not easy to solve the dispute.Therefore,Starting from the legal system of husband and wife debt in the four places,exploring the similarities and differences is the basic work to resolve the debt disputes of cross-border couples.Besides introduction and conclusion,the text consists of three chapters.The first chapter"Overview of the matrimonial debt system."Including the conception,characteristics and basic principles of the matrimonial debt system.The matrimonial debt can be divided into three types:matrimonial debt,matrimonial Joint debt and matrimonial personal debt.The characteristics of the matrimonial debt system are mainly characterized by subject specificity,time specificity and cause diversity.From the legal relationship of marriage and family,the basic principles of the matrimonial debt system can be summarized as the following four points:the principle of equality between men and women,the principle of respecting the will of spouses,the principle of guaranteeing the interests of third parties and maintaining the security of transactions,and the principle of consistency of rights and obligations.The second chapter is"Comparison of the matrimonial debt system among the Mainland of China and other three Regions."The contents of the matrimonial debt system are presented different.Mainland laws appear to be principle excessively.Taiwan and Macao have designed different debt ranges and settlement rules under different matrimonial property systems,so they are specific and complete.The relevant laws and regulations of the Hong Kong Special Administrative Region are very simple.In principle,the matrimonial debts are personal debts,and the husband or wife bears the debt solely.The third chapter"the legislative deficiency of the matrimonial debt system in the Mainland of China and its suggestions for improvement." From the three aspects of matrimonial Joint debt,matrimonial personal debt and the matrimonial debt system under the contracted property system,the paper analyzes the legislation inadequacies of the matrimonial debt system.And put forward suggestions for improvement.In addition,an analysis of the Interpretation on the Relevant Issues Concerning the Application of Laws in the Case of Disputes involving Matrimonial Disputes(hereinafter referred to as the"New Interpretation"),which was implemented on January 18,2018,is expected to provide a more comprehensive and accurate indication of the current status and the problems that need to be resolved.