The Couple's Joint Debt System Research

Along with the market economy development and the divorce rate unceasing growth, the husband and wife common debt one kind of negative property which altogether has as the husbands and wives, not only its scope recognizing as well as pays off the responsibility to undertake can affect husband's and wife's between internal relations, but also can involve to the exterior third human of transaction security and the creditor benefit protection. In addition, make property asserting and liquidation of the debt of the debt as to the special situation, not only the scholar has different views in theory, the more but also this question becomes the difficult problem tried in practice more and more, this text regulation of combining legislating and law of our countries of various countries carried on the discussion to the ranges of common obligation of couple and liability for satisfaction, in the hope of one's own part humble effort to the limit of completion to the future systems of common obligation of couple of our country.Mainly two parts are come to launch from the ranges of common obligation of couple and liquidation of common obligation of the couple in this text:Part one It is ranges of common obligation of couple. This part proceeds with definitions of common obligation of couple, through defining and defining with the form the couple time of common obligation, to summarize out and assert five standards of common obligation of couple, and then establish the theoretical foundation for analyzing the properties of the debt of couple of several kinds of special situations in the judicial practice.Part two It is the liquidation of the common obligation of the couple. Here is from analyzing various countries and legislation to the properties of common obligation of couple of our country, the joint liability properties which concrete analysis couple bear to the common obligation come, and then proceed with liquidation subjects of common obligation of couple, the liquidation questions of common obligation of couple under recovery right and special situation coming between concrete exposition couple, in order to realize the equilibrium of the couple and creditor interests.