Study On Matrimonial Community Debt

Matrimonial Community Debt is the important part of the relationship between couples property.In the research of the relevant laws and the determination of Matrimonial Community Debt in Judicial Practice,we can find out that most judgment about the identification of common debt is best on the "Marriage Law Judicial Interpretation(II)" 24 of the presumption of the rules.The rules completely biased towards the protection of the interests of creditors,it’s the unlimited expansion and the ignorance of the scope of daily provisions of the daily family agent.This rule does violate the principle of autonomy,and ignore the independence of the individual personality of the devoid of couples.It will easily create some bad habits such as the fictional debt,and lead to the social morality crisis.And in this result,we should re-constructed more reasonable and perfect identification rules.In this regard,the following rules are recommended: With the agreement of husband and wife,these debt should be identified the common debt,which husband and wife exercise in the scope the daily household,and the debt out of the burden of daily household agents but for couples living together or co-operating.While the debt is the debtor’s personal debt which husband or wife exceeds the daily household agent rights.Even though Husband and wife separated,the debt incurred within the daily family context should also be recognized as a common debt between husband and wife.Because regards the separation lack of external publicity,it should not against goodwill third person.In this kind of rules determination we can protect the interests of both creditors and the interests of both husband and wife.And balance the maintenance of transaction safety and the maintenance of marital relations.