Analysis On The Cases Of Joint Debt Of Husband And Wife Under The Civil Code

Following an economic boom and non-governmental economic exchanges increased,the debts arising from the business activities of one party shall be borne by couples.It leads to the increasing number of common debt disputes between couples.At the same time,the amount involved is also rising.Therefore,the problem showing a trend of diversification and complexity.The reasonable identification and distribution of economic disputes between couples reflects judicial impartiality,family stability and peaceful in China.The "Civil Code" integrates and sorts out the provisions on joint debt between couples,so that the content scattered in various laws and interpretations becomes highly systemic and structured,and has good social applicability.Based on this self-consistent legal logic and consistency of content,the practice of recognition of marital common debt in the current judicial trails is still of great significance for solving the current problems after the implementation of the Civil Code.In the view of Civil Code,this article uses four cases,through taking case analysis to analyze and discuss interrelated based on interpreting ins and outs.Meantime,the author exerts multiple analytical methods to analyze the case from different perspectives.A more comprehensive analysis of the dispute is divided into the following four aspects.The first part starts from the introduction.By explaining the social environment of the paper writing,it is found that most of the cases in court judgments are joint debt disputes between husbands and wives.Through the study of causes and social context of the cases,it can find the research meaning.To elicit the core issues to be studied in the thesis.Then,the research thoughts and means are preset and the problems to be explored in this thesis are studied.The second part is accident description and the analysis of the focus of the dispute.The first is to use the case network to take Henan,which has a relatively representative economic development,as an example,to conduct big data analysis and count the hidden problems in the current joint debt of husband and wife.Secondly,find four typical cases,and make a brief statement of the facts of the four cases and the judgment process.By organizing and summarizing the focus disputes of the four cases,it will pave the way for the following development.Part three is the key part of this thesis.This part focuses on the theoretical analysis of four popular legal issues mentioned in second part.First of all,starting from the basic concept of marital co-debt,this paper sorts out the different value orientations of academic circles on the rules of marital co-debt in the development process,then combines these theories to find the viewpoints recognized in this paper.After that,the author analyzes the character of conjugal joint debt.Based on this understanding,the thesis discusses the key research in depth.The last part pays close attention to the improvement of relevant systems.It focuses on,based on theresearch and analysis involved above,finding out weak spots of the current "Civil Code" in the rules of joint debt between husbands and wives,and propose to improve our country after the "Civil Code" is issued,it should still be checked for omissions.