Theory Of The Couple’s Common Debt

With the high-speed economic development in today’s society, people’s material level enhances unceasingly and at the same time the wealth grows up daily, economic interaction is no longer a simple relationship between the individual and personal. The couple’s family as the most basic part of society, become the emerging unit of social activities. The provisions of the laws about the rights and obligations between husband and wife is different from the ordinary individuals in general, law does not prohibit couples either party to make independent of spouses status of individual behavior. In this case, husband and wife’s property relationships is complicated. Couple’s debt problem, however, as an important part in the marital property relations, also with the complex social relations is becoming more and more be attentioned.The article expounds through three sections, with the joint debt of the definition, the identified and judgment of the couple’s common debt, the defect and the improvement of the joint debt. Start from the basic theory of the joint debt, the article expounds with the quality and the characteristic of the couple’s joint debt, judging standards of the couple’s common debt, today’s difficulties in judicial practice. Firstly, the article expounds through the quality of the joint debt, the article considers the situation is equivalent to "partnership debt", so the couple of common debt is regarded as a whole, its causes occurred by one, and there is no separate debt. It is because of the nature of the "partnership debts”, it’s not overcome creditor’s rights and the principle of relativity. This viewpoint is different from many other scholars’. Secondly, based on the theory of "time", "purpose theory", "common life teleology", etc.I make my own views about the judging standards of the joint debt. I think "Joint debt" means on the basis of marriage, to family interests by one side or both sides of husband and wife, to maintain family life, to live together by engaging in the civil and commercial activities, to support such as legal obligations, to the laws and regulations or based on the agreement, and both sides enjoy the interests incurred debt caused by the legal liabilities. Thirdly, the debt occurred under the one side of the couple, because of the application of the different law under today’s judgement, so there are much difficulties on how to judge the couple’s common debt. Combined with related work of reading and my own opinion, in the case of the debt does not be used on the couple who live together, my view tends to the “personal debt”. At last, after difining, judging and identifying the couple’s common debt, the article further to expounds the defects in legislation and jurisdiction, and through the understanding of the defects, to put forward the corresponding perfecting suggestions.The full text is on the premise of legal principles, to comb the plight of the existing legislation and judicial system, to explore the reasons actively, to put forward suggestions on the improvement of the system of couple’s common debt, so to seek a balance among the interests of the couple, the third person and the social transaction security and stability.