Research On The Debt Problems Between Husband And Wife

By the influence of couple-integration and the Chinese traditional ethics and culture, debts between husband and wife has been regarded as "a person's left and right hand stroking each other". Anyone taking liability is tantamount to a person's money from one pocket into another pocket. Because of its particularity of subjects, behavior and inter-relationship, claims and liabilities between husband and wife are split out of the system of civil liability. Thus it is believed that the existence of claims and debts between husband and wife be meaningless. Therefore, in theoretical circles, claims and debts between husband and wife is paid little concern, the relevant legislation is very limited.This paper, which is divided into four sections, discusses why and how to rule the claims and debts between husband and wife in China's family law. It's embodied in: section one, The basic theory of claims and debts between husband and wife; section two, related legislation and judicial practice in other countries; section three, the reality and problems of the debtor-creditor relationship between husband and wife in China; and section four, legislative proposals on the claims and debts between husband and wife.First of all, on the basis of the comparison between claim-debt in and out of husband-wife-relationship, proposes the concept and characteristics of the claims and debts between husband and wife. Claims and liabilities between the husband and wife especially due to the provisions of the law or the two sides engage in civil activities between spouses, the spouses of the creditors while its spouse is the debtor's credit and debt. It is characterized by three aspects:the main body of the particularity Concealment, Produced by A variety of formsSecondly, based on the legal principles and ideas of personal independence, equality between men and women, in the scope of civil law, which is a private law section, proves the possibility and necessity of legal protection to the claims and debts between husband and wife during marriage, both in theoretical and practical aspects. This paper analyzes the existing theory of the claims and debts between husband and wife, showing the necessity and reasonableness and feasibility for confirming the claims and debts between husband and wife on philosophical, economic and legal basis. The paper takes the legislation and judicial practice in Swiss as an example to demonstrate foreign acts.Finally, on the basis of the above analysis, discusses the reality of the legislation in China, Country's legal provisions of the credit and debt between husband and wife is very rarely, or even if there is provision also provides a very simple and general, the main reasons:the particularity of the relationship between husband and wife credit and debt, and ideological reasons, the traditional legal culture the impact of the Marriage Law, the legislative background, and analyzes the reason for the absence of the legislation in the debtor-creditor relationship between husband and wife. And legislative proposals are put forward in response to the increasing case on claims and debts between husband and wife. The purpose is to promote the realization of the implementation of the claims and debts between husband and wife, and to establish a civilized, stable, harmonious marriage and family relations.