Study On Husband-and-wife Common Debts

Starting from the case of husband-and-wife common debts analysis of the tripartite parties, combined with the legal principle of balance of interests, this thesis provide a way to limit the right of the borrowing party and increase the responsibility of him. Combined with relevant countries on improving China's legal system, husband-and wife common debts problems related legal solution were proposed in this article.Full text includes three parts: introduction, main body, conclusion remarks. The main body is divided into four chapters.Chapter I: An overview of the husband-and-wife common debts problem. Starting from the common case of husband-and-wife common debts and analyzing a variety of common concept of husband-and-wife common debts, and it brings forward the author's views and analysis a common legal characteristic of husband-and-wife common debts, in order to pave the way for the following studies.Chapter II: Expound husband and wife joint debt problem and current situation .This chapter concentrate on legal rules and real problem when judging husband-and-wife common debts and paying off, and then brought forward to avoid the tendency of the two types of collusion.Chapter III: The legal basis analysis on increasing the obligations of the borrowing party. Contacting previous chapter, this chapter point out a misunderstanding that the real solution to the husband-and-wife common debts problem is not in favor of protecting the goodwill of creditors or on the protection of non-borrowing party .Both benefit is equally important to be protected. But our insufficiency in civil law led to a tripartite legal imbalance. The fundamental cause of this problem, the author regards it being that our civil law are given the rights of borrowing party too much, and obligations too little. Restrict to borrowing party therefore, be a very important method to balance trilateral benefit.Chapter IV: The perfection of husband-and-wife common debts related legal systems. Relevance regulation in our marriage law, this chapter make tentative proposal to reasonable restrict on borrowing party, such as couple daily affair dealership, the registration system of couple's agreed property ,the special property system. So the borrowing party could not make use of loopholes in the legal system for malicious borrowing and dodge creditors.