Study On The Legal Relation Problems Of Husband And Wife As Joint And Several Debtors Of Debt Without Cause Management

If there is no debts due to the fact of behavior management based on between parents and married children and their spouses,the marriage law and law of obligation to effectively docking practice problems worthy of serious exploration in civil law theory.In this paper,the author selected a real case for yourself in the judicial practice,in in the civil trial by legal methodology as a case analysis tool,the non specific elements of debt management analysis of the civil law of our country law of obligation,and will be docking schuldrechtliche causelessness of debt management and marriage law on the common debts of husband and wife,and then put forward and demonstrated during the marriage,the husband In the absence of exception,the wife and the wife can become the joint and several debtors of the debt without any management.The text is divided into four parts.In the first part of the introduction of a controversial practice in the civil case,civil legal problems and puts forward the case mainly discusses their reasons.In the second part,the author firstly determine the dispute of the case belongs to the civil law adjustment range,then based on the facts of the case by the legal relationship analysis of differences of opinion and request method exclude the right basis,and determine the case applicable legal provisions on basic no law because of debt management.Then in the third part of the civil causelessness management of debt structure for specific legal interpretation and value judgment elements are analyzed,and the law of obligation no reason The effective docking of debt management and marriage law on matrimonial debt problems,and then put forward and demonstrated in this case should be the specific application of the rules: "during the existence of marriage,both husband and wife can in the absence of exceptional circumstances become causelessness management debt debtor who".The third part is the core of this paper in third.Part of the analysis process,the author shows various legal methods especially for specific application methods in judicial syllogism premise and determined in the process of legalinterpretation.In the fourth part of this paper,the author combined with the current China's civil legislation and judicial status,the judicial practice of law Reflections on improving the legal applicability of civil judges by methodology.