Research On The Identification Rules Of The Common Debt Of Husband And Wife

With the development of the times,people's understanding of the relationship between husband and wife has changed,from the initial emphasis on the integration of husband and wife to the increasingly emphasis on the independence of each other's personality,the marital property system also develops from a single common property system to a variety of property systems.Under the condition that the husband and wife are regarded as one,the property of husband and wife is the joint property of the couple,and the debt of either party is naturally the joint debt of the couple,so there won't exist the problem of identifying the joint debt of the couples.However,under the current background of increasingly emphasis on the independence of husband and wife,the existing law not only clearly regulates the personal property of both spouses and the common property of the couple,but also stipulates personal debts and common debts of the husband and wife.On account of the couple's common debts related to the third party,namely,the creditor.Therefore,whether from the perspective of safeguarding family stability,protecting the legitimate rights and interests of family members,protecting the interests of creditors and safeguarding the security of market transactions,or from the perspective of keeping pace with the times,it is of great significance to improve the rules of identifying common debts between the couples in China.The full text consists of five parts:The first part is the introduction.This part mainly includes the research value and significance of the paper,the research method,the innovations and deficiencies.The second part is the basic theory on matrimonial community debt,by comparing with common joint debt,the definition and characteristics of common debt are analyzed.In the nature of conjugal relation,namely,common family life and production is the basis of matrimonial community debt on the basis of matrimonial cohabitation,thus establishing confirmation rules aiming at subjective and objective aspects,namely,common subjective intention or for the purpose of common family life or production,the couples gain benefits and share the benefits or the benefits of this debt is used to perform the marriage and family affairs.The third part is the current situation and existing problems of Chinese couple debt.First of all,the author classifies the relevant laws and judicial interpretation provisions in China to reflect the current legislative situation;Secondly,the judicial status is clarified through analyzing tort obligation and contract debt.Finally,current problems on joint debt system in China are pointed out as follows:joint debt basis is unclear,separated from the property system,the lack of housework agent system,and promissory property publicity system.The fourth part is a reference to the common debts of the foreign matrimonial community debt.By comparing with and analysing the couple's debt of three countries such as Germany,France,Switzerland,then,according to the practical situation in China,It is concluded that other countries' system of housework agent system has referential experienceThe fifth part is the optimized opinions on recognition rules of matrimonial community debt.Based on the existing problems in China,the following Suggestions are proposed:Ascertaining the basis on matrimonial community debt;secondly,Strengthening the relationship with the marital property system in China;thirdly,introducing the property promissory system of registration and publicity;fourthly,ascertaining range and application condition of agency right in the family affairs.