| In the case that a debt has been identified as a joint debt of husband and wife,this paper discusses whether the liability property should be assumed with the personal property of both husband and wife or one party in addition to the joint property of husband and wife.The scope of the liability property of the joint debts of husband and wife is not clearly stipulated in the legislation,and there are also different opinions in the judicial practice.First,the liability is assumed by the whole property of husband and wife,and second,in addition to the joint property of husband and wife,only the debtor should assume the remaining debts with the personal property.For the non-debtor party,the limited liability mode has gradually become the consensus of the theoretical circle,but there are still some unreasonable aspects.Based on the above analysis,the author reference literatures at home and abroad,and from the perspective of sociology of family,the definition of the current rules and the referee thought,summarized different property system of husband and wife share the common liability property of specific issues,to transaction security law and marriage and family ethics value as the basis,to define the joint liability property of different types,links up with the current legal system,internal interests balance creditors and husband and wife,achieve more reasonable divide the responsibility of the property.This paper consists of four chapters.Chapter one: introduction.This paper mainly discusses the purpose and significance of the research,sorting out the relevant domestic and foreign research status as well as research ideas and methods,and points out the innovation points and shortcomings.Chapter two: the question.This paper mainly analyzes the definition rules and judicial thinking of property of joint liability of husband and wife and points out specific problems.Second,judicial practice does not distinguish between common debt types,and ignores the risk of confusion and transfer between different types of property,and adopts limited liability or unlimited liability,which is not reasonable.Chapter three: the basis for defining the property scope of husband and wife’s joint liability for debt.Firstly,it expounds the ethical value of marriage and family,analyzes the value orientation of different conjugal property systems from the sociological perspective,and coordinates the internal relationship between husband and wife.Chapter four: the method of defining the property scope of husband and wife’s joint liability for debt.Firstly,the essential attribute of common debt is analyzed,and the common debt is identified by combining the borrowing will,borrowing use and value factors,and the types of common debt under different property systems are sorted out.Second,there are multiple and liability for the debts of the common property corresponding relation,for joint debt,scope of responsibility property in addition to the common property of husband and wife,one party personal property may be both husband and wife,also may be a couple of personal property,the definition,aiming at the existing problems,and typed to distinguish the common debts,respectively defined responsibility property size,and puts forward related Suggestions to perfect the liability property distribution.The author thinks that unless otherwise agreed by the husband and wife with a third person,as long as meet a couple of debt will separation and common property of husband and wife or debt interest and the separation of elements,the borrowing party personal property is only borrow party personal property to repay the remaining debt,on the contrary,if based on the daily housework agency or borrowing purpose and form of common debt,according to the principle of party autonomy,the both sides of husband and wife’s personal property will also be used as responsibility property scope. |
