The Effectiveness Recognition To The Creditor From The Debt Carried By One Party Of The Couple

The conjugal debt is always the focus of the social attention, it relates to the fortune structure, interest distribution and the stability for a family. In 2015, Ministry of Civil Affairs announces "statistical analysis of society service development in 2014", it mentions the divorce rate has continues the growth in the past 12 years, take the year of 2014 as an example, there were 3.637 million of couples (more than 7.274 million persons involved) asking for devoice. Regardless of the complicated society background for divorce, no matter the divorce is proceed through the negotiation or court decision, every couple to be divorced has to work on the communal estate partition, involve the responsibility undertaken and redemption of debt for the communal or individual estate. The divorce is already a misery, the disputes around the estate partition is bound to bring the big impact on the divorced couple and the children’s daily life, which results in the society issues along with the increased divorced rate. In order to effectively decrease the disputes around the communal estate partition and protect the legal benefit for the divorced couple and the third party creditor, it’s required to consider current society background, actively learn the experiences from other countrie’s marriage law practices, make further enhancements on our country’s marriage law, consistently update the explanations on the law. This article is to analyze the effectiveness for the debtor and creditor for one party of the divorced couple, discuss the questions related to the clauses in current marriage law and the corresponding judicial interpretation which are to protect the creditor and non-debtor in one party of the divorced couple, use the matured theory as a resource of reference, and propose the new standpoints based on current society background.This article includes 4 parts:the first one is the overview of conjugal debt, include 3 key points, introduce the definition of conjugal debt in details and the importance of clearly cognize the debt, explain the relationship and difference between the individual debt and the conjugal debt, state the standpoint regarding the validity from the debt under one party of the couple. The second part is the extra-territorial effect from the debt undertaken by one party of the couple, it mainly introduce how to understand the definition on the debt undertaken by one party from the point of extra-territorial legal rules. The third part is the definition and evaluation on the law effectiveness for the creditors from the debt undertaken by one party of the couple, it introduces the rationality and the existing problems among the clauses stated in current marriage law. The last part is to propose the thoughts to solve the problems for the creditors from the debt undertaken by one party of the couple; based on the background in our country, to enhance the legal structure considering the balance for all the three parties and protect the legitimate interest for the creditors and the debtors’mate.