Study On The Rules Of Marital Debt Commitment

China is now in a period of rapid development of market economy,and families are more and more frequently involved in market economic activities,which leads to more and more complex debt problems faced by couples.China's current "marriage law" to concentrate on the cognizance of the marital property problem is more,for the debts of husband and wife,especially in the premise of stay married couples the imperfection of the liability rules,make both sides of husband and wife as well as the interests of the creditors cannot get effective guarantee,is not conducive to maintain transaction security,also not conducive to maintain the harmony and stability of marriage and family.Scholars have conducted a relatively comprehensive study on the husband-wife debt system,promoting the perfection and development of the husband-wife debt system in China,but there are not many researches on the husband-wife debt bearing rules.On the basis of summarizing the existing research results,this paper discusses the rules of husband and wife debt assumption in China by referring to overseas legislation,and analyzes the imperfections of the current legislation in combination with the husband and wife property system in China,so as to put forward Suggestions to improve the rules of husband and wife debt assumption in China.The main structure of this paper is as follows:The first part is the introduction.This paper introduces the research background and significance of couples' debt assumption rules,the research content and research methods of this paper are analyzed.And sorts out the research status of couples' common debt assumption and couples' personal debt assumption by domestic and foreign scholars through the collection of relevant literature.The second part is the overview of marital debt.By defining the debt of husband and wife,this paper expounds the identity attribute and social attribute of the debt of husband and wife,discusses the particularity of the subject of the debt of husband and wife,the joint and several liability and the dual legal characteristics of the debt relationship.The third part is the rules and analysis of the debt obligations of the extraterritorial couples.Through the introduction of relevant extraterritorial legislation,it is concluded that the joint debt of the husband and wife is borne by the common property,and the individual debt is supplemented by the common property.The fourth part is the husband and wife debt bearing rules and existing problems.This part of the current legislative regulations for debts of husband and wife are analyzed,and discussed the different marital status joint liability rules are not clear,lack of personal property is insufficient to personal debt to rules,the provision of the husband and wife double bear rules in effect at the time of debt coexist,the debt leverage them after internal not provided four aspects,such as right of recourse against the existing problems.The fifth part is the consummation suggestion of our country husband and wife debt bearing rule.This part puts forward some Suggestions to improve the existing problems in the provisions on the assumption of debts between husband and wife.It mainly includes the provisions on the joint debts of different marital status,the limitation of one half of the joint property to assume the personal debts of one spouse,the principle of "double priority" to assume the debts,and the establishment of the recovery rules between the husband and wife.Chapter six is the conclusion.To establish a system of husband and wife debt bearing rules,to solve problems in practical life,to maintain the balance of interests between husband and wife and creditors.