Study On Matrimonial Debt System Of China

Matrimonial debt regulation in our country, although been involved with in the Marriage Law, has many insufficiencies. Regulations on marital debt's judgment standard and the scope as well as its paying off and so on, either are short of the stipulation, or are confusing. In the practice the massive matrimonial debt disputes caused much discussion among the jurisprudential circle. This thesis also is about the discussion.The thesis consists of three parts: introduction, main part and ending.The introduction outlines the range and the significance of study on matrimonial debt system, introduces the status quo of this system research in our country. The matrimonial debt in this article is referred to the debt owed to a third party by husband or wife or both of them before their wedding or during the marriage. The study on this system may be useful for our country's legislation improvement and the realistic problem solution.The main part is divided into three chapters. The Chapter 1 is a survey on legislation mode in France, which adopts the same statutory matrimonial property system as China. At the end of this chapter, we make a general conclusion: to deals with matrimonial debt disputes, three clues should be followed-marital property system, period and internal and external responsibilities.The Chapter 2 carries on the explanation about our country's matrimonial debt system at present. It mainly introduced the legislation evolution and the present provision of law. Then some characteristics of this system are summarized and reconsideration to existing matrimonial debt regulation in China is made. Questions are discussed such as the debt's classification standard, the reason for transformation of the character of separate debt existing before the wedding, the responsibility division between husband and wife and the way of discharge, etc.The Chapter 3 is a conclusion of study as well as improvement of matrimonial debt system of China. Based on our country's existing marital property system, the matrimonial debt system should also observe the Three-Clues Principle. Different regulations should be provided under the statutory common regime after marriage and the contractual individual property regime. Under the former-firstly, for the creditor, his rights should be defined by The Period Clue and the elimination of individual debt. Secondly, for the conjugal internal relation, their respective liabilities should be divided. Under the contractual individual property regime, regulations are different because of the different effectiveness in resisting the third party. According to this construction, this chapter solved the problems mentioned before. The conclusion indicates that to improve our country's marital property system, the characteristic of the present marital property system in China must be attached with great importance, while we profit from the legislative experience in France.