Husband And Wife’s Common Debt

Economic development and social change, make people right the understanding of the common debts are undergoing significant changes, this change is influenced and changed people’s life, from the common debts and other liabilities vary, because it has the nature of property relations and personal property.Along with our country couple wealth, consumption increases year by year, and the couple or a party engaged in economic activities have become increasingly frequent, and makes the common debts related disputes and conflicts more and more, to solve the common debts problem becomes more and more important.And our common debts problem, whether in legislation or in practical operation there are many regrets and inadequacy, make husband and wife common debts sometimes faces legislative limitations and practical embarrassment, this situation is obviously not conducive to resolve marital debt problem.This paper is from where proceed with discusses common debts, matrimonial debt problems, this paper consists of introduction, text and conclusion part three.The introduction, mainly elaborated study of matrimonial debt reason and purpose.The text is divided into four parts:the content, according to the definition and the definition of the common debts has each view is difficult to consistent, clear the common debts and the concept of marital debt limit, at the same time, to clear the relationship between husband and wife stand during the debts are not necessarily Common Debts, will and the common debts distinguish strictly.Contents two, use the inductive method to classify the matrimonial debt, clear the common debts range.Contents three, for the legitimate purpose, and artificially creating false Common Debts phenomenon, distinguish and prevent the false joint debt has become an extremely important work, the author will appear in the practice of false common debts can be divided into two types, these false joint debt. There are common some also have differences, but all of them must be carried out in accordance with the law is to allow all doubt and guard against the.In four, the content of our country at present the common debts for the deficiencies and shortcomings of one one lists, as in our marriage and family law in the absence of between husband and wife family daily agency system, lack of compensation or compensation mechanism is provided and the burden of proof is single, and the author of the common debts jointly apply questioned, and put forward the law on marital debt in the protection of legal interests are not balanced, as in the lack of legislation, easy to cause the common debts ontradiction and dispute between husband and wife, aggravate the friction and conflict, is clearly not conducive to the conjugal relation harmony and trust, is not conducive to the family as the basic unit as the social stability and safety.Through the analysis of China’s marital debt system deficiencies, the author summed up the experience and perspectives based on marital status in our country, combining with the practice and problems, and puts forward the perfect marital property registration system, trial couples large debt mutual signature system, the domestic agent right system, the common debts clear confirmation and defining system, property system must share the publicity system, separated during the common debts should be legislation to perfect our country marital debt system countermeasure and tentative idea.End, inspired by his writing experience and record this study of harvesting, and expression of the perfect couple together debt system good look.