Research On Couples' Common Debt Settlement Rules

With the continuous opening of the Chinese market,the main body of economic activities is also increasingly diversified,and individuals and families are increasingly participating in the wave of market economy in various ways.At the same time,the development of the economy has also brought about the liberation and progress of people's ideas.This has led to an increase in the number of disputes concerning matrimonial property,husband and wife debt,etc.in judicial practice.How to identify and settle the husband and wife's personal debts and common debts has become a legal problem that needs to be solved urgently.China's current law has formed a basic framework for the determination of husband and wife's personal debts and joint debts,but there are few rules on the joint debt settlement rules for couples.In particular,in the case where a spouse's personal debt is presumed to be a common debt in the name of the individual,there is no clear legal provision on the issue of what the non-recipient spouse should bear.This has led to difficulties in balancing the interests of both spouses and third parties in dealing with cases of joint debt settlement between husband and wife,and thus unable to provide effective protection for the legitimate rights and interests of the parties.This will directly affect the stability and security of marriage and family,and at the same time bring hidden dangers to the protection of third party's creditor's rights.In the long run,it will have adverse consequences for the stability and harmonious development of society.This paper starts with the current "Marriage Law" and judicial interpretation of the relevant provisions on the determination and settlement of joint debts of husband and wife,analyzes the shortcomings and controversies of the current legislation and academic theory of the joint debt settlement rules of our husband and wife,through the interpretation of extraterritorial legislation.The analysis elaborates on the understanding of the scope of the property rights,the order of settlement,and the internal compensation involved in the joint debt of the husband and wife,and puts forward some suggestions on how to construct the settlement rules for the husband and wife.This article is divided into the following three parts according to the context:The first part introduces the research background and significance of this paper.It summarizes and sorts out the research status of the related problems of the husband and wife's common debt settlement rules by consulting a large amount of literature.At the same time,through the collection and collation of the relevant provisions of the current law on the joint debt determination of husband and wife in China,this paper briefly introduces the evolution of the joint debt determination rules of our husband and wife and the status quo of legislation.The second part,through the collection and collation of the relevant provisions of the current law on the joint debt settlement rules of the husband and wife,simply clarifies the provisions of the current law on the joint debt settlement rules of the husband and wife,and then divides the joint debt of the husband and wife into a "consensus" common debt.Co-debt with “unilateral”.Afterwards,the two types of couples' common debts were analyzed to analyze the nature of the debts they faced and the vague dilemma of the scope of the property rights,and further elaborated on the above disputes.At the same time,through the couples outside Russia,Germany,France,etc.Interpretation and analysis of the relevant provisions of the common debt settlement rules,summed up the "limited liability model" and "unlimited liability model" two types of liquidation responsibility.In the third part,through the analysis of the concepts and characteristics of the "limited liability model" and the "infinite liability model",we try to construct the framework of the joint debt settlement rules of our husband and wife,and the responsibility for the "consensus" common debt and the "unilateral" joint debt.Discuss and analyze the issues of property scope,liquidation order,and internal recovery rights and make reasonable suggestions.At the same time,for some special issues,such as the settlement order of the joint debts of the husband and wife and the personal debt,and the distribution of the common debt settlement responsibility and the scope of the property liability arising from the joint consumption outside the daily life of the couple,more detailed The discussion and the conclusion of a certain concept.