Study On Identify The Matrimonial Debts

With the continuous development of market economy in our country, for the benefit of the individual joint and couples party engaged in the management of daily consumption, production, investment, finance and other activities, led to household indebtedness phenomenon exists generally, husband and wife debt tend to be diverse,complex debt relationship between husband and wife has become a kind of independent market main body, and has infiltrated every corner of our social and economic life. Especially in the judicial practice, due to the system of the joint debt, a lack of a complete system of legal system, lead to decide how to couple the debt problem has become a headache the trial judge had problems. How to define the joint debt and couples personal debt, balance of interests between the third person and became now a need to solve the difficulty in the judicial practice. At present, the concept of the joint debt and how it differs from couples personal debt, existing in the judicial practice of two dimensions, namely, "common life" and "personal relationship" standards. Although in this case that one party in the marriage of husband and wife relationship term foreign borrowing and used to live together, no matter what kind of standard for it doesn't matter, but in judicial practice, does this ideal situation occur very rarely, considering the interests of the individual, one party will always choose to hide the truth. That is to choose the applicable standard "common life" or "personal relationship" standards, is to choose to maintain a harmonious family relations, or the protection of transaction security, this is a problem puzzled the trial judge, is also a problem confused the social public.Marriage law article 41 of the cognizance of joint debt in "common life" standards,more in line with the nature of marriage, but also to protect the interest of the debt spouse; While marriage law explanation of article 24 "identity relationship" standard,more conducive to protect the interests of a third person. Several and joint principle should be the basic principles of joint debt repayment, but in concrete determination joint debt, we should balance the creditors and the interests of all parties of husband and wife. The author is in line with the rights and obligations in line with unifies theprinciple, identified in the debt incurred during the marriage, as long as both parties are both husband and wife shall bear the payment obligation. Anyway, in the joint debt on this issue, we must grasp the key, which is to protect the interests of creditors,maintain the security market, and not cause the damage to any party interests, in the husband and wife make family harmony. Of course, we also can be in a more simple way to describe all of the above problem, namely how to establish a more standard,effective standard common debt makes her husband as a wife this problem easily.This article will focus on the problem put forward the view, is not a comprehensive system, single hope I can have some help on this issue...