Chenhai Fang And Ye Mingfeng Divorce, Property Disputes Comment

Separation is inevitable social phenomenon in nature and separated spouses during thevesting finds one debt is directly related to the interests of the legal relationship between theparties, the dispute caused by improper handling and therefore inevitable. China’s currentmarriage law lacks the couple separated during that standard debt provisions, lack oflegislation led to confusion judicial practice handling debt disputes during the coupleseparated, is not conducive to the protection of creditors and the rights of non-debt party. Inthis paper, examples for the stance and the starting point, through in-depth analysis of theexamples discussed during our marriage law on the separation of spouses debt identifieddeficiencies, and make recommendations, to the effect jade.Introduction. The interpretation of some of the major theoretical and practical value ofthe selected topic; introduction overview of the research topics; describes characteristics,such as writing paper.The first part of the case description. This section describes the origin of the case, thedetailed facts, claims and defenses that the parties and one court of second instance trial ofthe case.The second part of the main focus of controversy and disagreement cases. This sectionintroduces the parties to the case facts and legal issues in dispute and disagreement reason,leads to the specific issues to be discussed in this article.Couples debt concerns identified during the third part of the separation. This sectionmainly includes three aspects: First, during the introduction of separated spouses debtauthorization of extraterritorial legislation. Mainly from two aspects of civil law and commonlaw, to introduce legislation on their spouses during the separation of the debt of the nature ofthe finds, and a critical analysis of the relevant legislation; Second, our laws on debtrecognized during the separated spouses. Mainly includes two aspects: First, the lawrecognized the couple’s joint debt. Focuses on China’s current marriage law on the "teleological " jointly identified debt," the presumption rule "," consensual debt ", were introduced, the debt to export the principles identified the couple, and then summarize therange of the couple’s joint debt; Second, a couple of personal debt recognized by law. Byunderstanding the existing legal provisions, summarized that standard couple of personaldebt, identify the relevant principles and scope; Third, improve our proposals on debtrecognized during the separated spouses. This section discusses the necessity of establishingrecognition system during the separated spouses debt and trying to establish the separationsystem by legislation, the daily housework agency system and the principles and nature of thedebt during the period identified clearly separated spouses to improve debt recognized duringthe couple separated in our legislation the provisions also hoping to help guide judicialpractice.The fourth conclusion. This part of the text of a summary, the legal relationship betweenthe cases involved the analysis made for bear-related responsibilities are summarized.