The Research On The Effectiveness To The Debtor When The Debt Signed By Husband Or Wife

Men and women form couple relationship after the registration of marriage. The relationship between husband and wife contain the personal relationship and the property relationship, and the basis of the marital property relation is the personal relationship, is an important part of the relationship between husband and wife. With the rapid development of economy, the property relationship between husband and wife also appeared the trend of Complexity and Diversity, and also gaining people’s attention. Property relationship is divided into static and dynamic property of the marital property relations, property relations are static, and creditor debtor relationship for dynamic property relationship. The property relationship between husband and wife debt problems related to static and dynamic property relation between husband and wife to husband and wife and creditor. How to identify the matrimonial debt, to protect the rights of marriage and family rights and the creditor is very important. The debt is divided into a couple of joint debt and personal debt. In recent years, debts signed by husband or wife are increasing, which reflects the independent personality of the couple. Debts signed by husband or wife refer to during the marriage, either the husband or wife sign one kind of debts. Because debts signed by husband or wife processing involves the transaction security and the protection of the interests of creditors, on the other hand also involves interests of family stability, and even affecting the stability and security of the whole society. However, as China’s marriage laws, the effectiveness to debts on the blurred case of different judgments exist in practice, for the marriage of the presumption of liability for joint debt this controversial practice rules. This article will combine theoretical view to define the concept of the debts of husband and wife, husband and wife together debt and couples personal debt. For family life common interests incurred debt or the two sides agree for the debts of the joint debt, the debt incurred for the benefit of family life or contract for the debts of the party for couple’s personal debt. Our country existing regulation on joint debt that has double standards, on the one hand, the marriage law was negative for couples live together for a common debt, on the other hand, marriage law judicial interpretation and applicable rules of presumption, easy for judicial presumption rules, but it ignores the life common interests standard of review, and about the distribution of burden of proof has been controversial, the author will be detailed in this paper. In addition, the author consulted the foreign similar legislation system, puts forward some suggestions to perfect the existing system to our country.