Research On The Application Of Personal Bankruptcy Rules In Marriage

Based on the community property system in China,it compares the impact of personal bankruptcy on family law in the United States,this paper focuses on the application of personal bankruptcy rules in marriage?By starting from the reasons and intentions,it analyzes the three dimensions of procedure,value and entity,and carries out exploratory research.This paper points out that the application of the personal bankruptcy rule in marriage will inevitably lead to disarray,which is reflected in the duration of marriage and more prominently in the divorce.The rules of personal bankruptcy in marriage apply to different situations and legal effects due to different subjects or different paths chosen at different time nodes.Starting from the analysis of the reasons of bankruptcy and the intention of petition,it can provide reference for the choice and judgment in practice.The deeper reason lies in the value dimension,which is the conflict between the values protected and pursued by the community property law and the values pursued by the personal bankruptcy system.From the perspective of entity,the realization of individual bankruptcy relief will inevitably affect other parties.How to let the innocent party in the marriage bear the undeserved joint liability,and let the interests of bonae fidei creditors out of harms,is the theoretical pursuit of the goal.From the perspective of the balance of value and entity interests,it is a relatively safe way to coordinate the handling of personal bankruptcy and community property issues.From the current judicial practice of matrimonial property in China,we have to clarify the disposal rules of debt law and the law of community property,which is the basis of studying the interaction between personal bankruptcy and community property.The first partage reviews the current situation of community property and community obligation in China,puts forward the application of personal bankruptcy rule in marriage,and points out the necessity of research.The second part,on the basis of clarifying the research scope,analyzes the interaction between the personal bankruptcy procedure and the marriage procedure,and discusses the specific conflict forms in the procedure.The third part,starting from the analysis of debtor's intention,it discusses the deep causes of the conflict from the value dimension and the entity dimension,and clarifies the principles of coordinated settlement through comparison and selection,that is,coordinated promotion of the disposal of personal bankruptcy,community property and debts.The fourth part,under the guidance of this principle,discusses the ideas of interest equity and coordination in the application of personal bankruptcy rules in marriage.