On Compulsory Execution Of Community Property

For the infringement,guarantee,lending or other act,a spouse is identified as debtor by effective legal document.While its personal property is insufficient to discharge all debts,the creditor may apply for execution of community property.This kind of case is fairly common in practice and a major problem facing the Court.The relationship between the couple has been changing significantly with the development of economy.Compare with what it was in traditional sense,couples pay more attention to their personality and property independence.The couple may oppose the execution of community property in such cases.There is no specific provision about the execution of community property in the legislation,so there is no unified measure to deal with the execution of community property.The author aims to analyze the current situation and bring forward the approach to solve the problem of such cases.This paper includes four parts except for introduction and inclusion.The method of execution agencies around differs in practice.Some add the other spouse subjected to execution,and then enforce community properties;Some enforce community properties directly;Others refuse to enforce community properties directly.The author believes that should not enforce community properties in such cases.First of all,if effective legal document has not determine couples joint debt,there is no legal basis to assume joint liability.Second,there are no rules in China’s current substantive law or procedural law for dividing community properties during the marriage.Third,the restrictions from assistance units,the parties and execution agencies lead to difficulties in compulsory execution in practice.To solve this problem,we should fully absorb advanced extraterritorial legal regime,Germany law and Taiwan law define clearly how to solve this problem.Exceptional marital property system can adapt to very complex,changing marital property relations.We should enrich and improve our marital property regime.In terms of substantive law,the establishment of exceptional marital property system is conducive to the execution of community properties.In terms of procedural law,it should be associated with increasing enforcement procedures,that execution agencies following due process can promote the division forcibly,in order to promote the process of execution.