Discussion On Identification Of Matrimonial Debt

With the continuous development of social economy and active private capital exchanges,it is increasingly common for one of the couple to borrow money from others.There is always a dispute between the couple and the third party about whether the debt belongs to common debt or not.Becasuse the rules of Marriage Law and judicial interpretation are not the same in terms of matrimonial common debt,different courts in different regions have different understandings and applications,and the phenomenon of different judgments in the judicial practice has existed for a long time.This paper is divided into four parts.The first part elaborates the concept,feature and legal basis of matrimonial common debt.This part analyzes the social foundation of the generation of matrimonial common debt and points out that matrimonial common debt system is an important part of matrimonial property system.The second part is the history of matrimonial common debt in China.This part first summarizes all kinds of laws and regulations on matrimonial common debt since the founding of the People’s Republic of China,and further states the changes of views of judicial practice in the handling of matrimonial common debt.Through the analysis of the legislative background,it points out that the continuously changing standard of recognition of matrimonial common debt is essentially the balance of interests under different backgrounds.The third part mainly expounds the disputes and possible problems related tomatrimonial common debt under the new situation.Through the analysis of the provisions of the law and referring to the specific system of extraterritorial legislation,it points out the defects and deficiencies in the application of judicial practice as well as the solutions we can consider.The fourth part is the suggestion of perfecting the matrimonial common debt system in our country.This part points out that there have always been various disputes on the handling of the matrimonial common debt in China,mainly because of the lack of a complete and effective matrimonial property system in China.The supplement of judicial interpretation is not the fundamental method,so we should learn from the advanced legislation outside the region and focus on several aspects.