Study On The Identification Of Matrimonial Debt During The Separation Period

Separation is a inevitable social phenomenon, and the nature of the debtsincurred during the separation period directly relates to the legal relationship of theinterests of all parties, so if unreasonably handled, it will cause inevitable disputes.The current marriage law in China has not clearly defined the identification of thenature of debts incurred during the separation period. It makes the judicial practicedifficult to operate, and the interests of the parties and creditors will be possiblyinfringed. Basing on the case, this paper mainly discusses the inadequacies existing inthe definition of matrimonial debt of china and puts forward some suggestions toperfect the legislation, with a view from jade.The paper is divided into four parts with20000words apart from theintroduction,.Part one: the case is introduced. This part mainly focuses on the details of caseand the trying situation of the Court of first or second Instance.Part two: the case of the key issue and the focus of difference is introduced. Thispart mainly focuses on the dispute of the fact and the legal matter of the case, andnaturally leads to the major question which this paper will discuss.Part three: the characteristic of the matrimonial debt incurred during theseparation period is discussed. This part mainly includes three aspects: First, thelegislation of foreign countries’ matrimonial debt during the separation period issimply introduced. The current world’s two principal legal systems which is commonlaw and civil law is introduced, and legislation of the definition is commented. Second,the legislative status of the characteristic of the matrimonial debt in our country isintroduced. It primarily includes two contents: First, it is about the legislative status ofdefinition of matrimonial common debt. Through the analysis of recognized standardsof the matrimonial common debt，it obtains the recognized principle of the commondebt and the limits of the common debt. Second, it is about the legislative status of theidentification of matrimonial individual debt， including recognized standards、recognized principle and limits. Third, concrete ideas to perfect the characteristic of the matrimonial debt incurred during the separation period. The part points out theimportance of recognized standards of the matrimonial debt incurred during theseparation period. So the author puts forward some suggestions, such as theestablishing the system of the daily housework in conjugal relation, the separationsystem, determining the recognized standards and the characteristic of thematrimonial debt incurred during the separation period, hoping to facilitating judicialpractice.Part four: It is the conclusion. The legal relationship of law referred is analyzed,the practice of the first Instance court and second Instance is summarized.