Legal Ratiocination About The Debt Of The Husband-and-wife Community In A Case Of Loan Contract

Both men and women become the husbands and wives by concluding the marriage, and forms husbands and wives relations. The husbands and wives property relations produce based on the husbands and wives person relations, is important content of the husbands and wives relations, simultaneously is also important component of the civil legal relationship. Since twenty-first century, with the rapid development of China's socio-economic and the elevation of people's material and cultural living standards, the husband-and-wife community has a trend of variety and complexity, the dispute of the debt between the couple has become increasingly apparent. But because of the technical reasons of "Marriage" legislation, there are some defects in making the law; also with the growing diversity of social life, which makes how to deal with the problem of the husband-and-wife community arouses disputes. This article is from this perspective, trying to analysis a number of issues on debt of the husband-and-wife community, and put forward some settlement of them. And hope to be favorable to deal with varied social problems.This article divides into four parts:The first part is on a case, and the question which is going to be discussed below is drawn out by the case.The second part is abouf "the concept and the characteristics of the assurance, "and at the same time analyze the questions about the case.The third part is about "the concept and the characteristics of the debt of the husband-and-wife community" and analyze the concept and the characteristics of the debt of the husband-and-wife community Theoretically, legal characteristics, as well as husband and wife couple of personal debt and the difference between the debt problems.The forth part points out the problems which exist in the legislation and jurisdiction process on common debts. It analyses the problems in legislation and jurisdiction of common debts from a theoretical point of view, that is, the law does not clearly identify common debts and separate debts between husband and wife, also the stipulation of the marriage law contradicts to the civil law. It is difficult to recognize whether debts are real or not. And the responsibility distribution of providing evidence is not reasonably ordered.The fifth part provides some thoughts and suggestions on how to improve the legislation and jurisdiction of common debts between husband and wife.