The Research Of Divorce Parties To The Debt Burden

The Research of Divorce Parties to the Debt BurdenDivorced couples debt system is a part of the property system. It is in accordance with the law and the two sides agreed, the husband and wife together, the debt and debt burden of payment, etc.. Couple divorced debt problem is complex, it is not only with relevant laws and coordination, but also unification on the rights of marriage with the interests of the conflict and coordinating. In the new situation, the common property has the feature, new contentsand large amount of current legislation,current law has not set up a set of specific, comprehensive system, so the parties use the system of law leak and avoidance the legal situation increasingly. Therefore, legislative and judicial practice had too much controversy and thinking, these problems should be solved eagerly, the process is also directly related to social stability and unity. This article is for a starting point from the nature of the debt burden of proof shall be defined, and the responsibility of the three major aspects of seizing the main problem to demonstrate, each respected by one or two cases led to the relevant, a couple of common debt issue, analysis and research also note that these problems exist in the inadequate and make some of these issues are discussed and some specific measures to solve practical problems are settled by a typical case, then indicate that legal steps by solving typical cases.In addition to the introduction and conclusion, I put the article into three parts.In the first part, it is the defining of the debt problem to the divorce parties. First, according to a common divorce case,the common description of the general shape of the husband and wife together, define and deal with the debt together and personally necessarily; Secondly, the debt have to define and manage debt obligations, including the principle of common definition and the relevant outside and in law, a summary of the subcommission on how to use the existing law to solve practical problems. The second part is about the onus of proof of the divorce parties on the debt burden.First, there are two typical cases of divorce parties on the two forms:Fiction of debt or malicious borrowing and debt avoidance. Then, give an example to explain the burden of responsibility for the allocation and how to prove the burden of distribution to prevent these two phenomena, and how to balance the interests of the parties. The third part is that divorce parties shall explain how to pay back the problem of debt. First, lead to consider by two cases of divorce debt problems; Secondly, offer a proposal to pay back the debt based on the analysis of the foreign and domestic laws of the subcommission for divorce. Finally, a complete set of my views shows how to properly solve the case.