A Study On The Enforcement Of Personal Debts Against Community Property Of Spouses

The pursuit of personal debt from joint property reflects the conflict between protecting the interests of creditors and protecting the interests of debtor spouses,as well as the conflict between economic benefits and family cultural values.There has been further development in the theoretical research on the issue of marital common property in the execution of personal debt.However,based on the choice of different value conflicts,the phenomenon of application confusion and different judgment in the same case still exist in the trial practice.It is necessary to determine whether the debtor’s debt is personal or joint in nature which will form the basis for further recovery of matrimonial property.Secondly,the specific enforcement of marital property also varies with the nature of the debtor’s debt.Therefore,in order to understand the actual connotation of the execution of personal debt,we must first clarify the type and nature of the debtor’s debt.Combined with the judicial practice,this paper analyzes the existing problems in the execution of personal debt from three aspects:the confusion of the settlement sequence of personal debt of husband and wife,the difficulty in identifying the common property of husband and wife and the share of personal property,and the confusion of the execution procedure of personal debt of husband and wife.At the same time,referring to the experience of Germany and Japan,two representative countries outside the region,on the execution of personal debt in the conjugally owned property,summarize the common characteristics and references,pay attention to the protection of the legitimate rights and interests of the spouse of the person subjected to execution,improve the implementation of relief measures to reduce the spouse of the person subjected to execution may suffer damage.In line with the idea of improving the execution efficiency,the entity interests of creditors and the procedural interests of the debtor’s spouse should be combined to achieve a balance between court execution and the protection of the parties’ rights,and the execution judgment should be introduced by using the written trial principle of the confirmation hearing of the nature of the debt and the action of confirmation.In terms of improving the execution of property-related systems,We can try to establish the husband and wife property registration system,perfect the type of new husband and wife joint property and establish the property division rules of subrogation action.On this basis,in order to overcome the "difficulty of proof" and "difficulty of execution" of creditors,we can consider introducing the rule of presumption of ownership in favor of creditors,improve the relief channels and after-compensation for the spouse of the person subjected to execution,and establish the dual mechanism guarantee of right relief and entity compensation,so as to strike a balance between maintaining marriage and family relations and protecting the property rights of creditors.