On The Common Debt System Of Couples

Husband and wife,whether as a family unit as a whole or a husband or wife alone as an independent body,has become an indispensable part of the market economy activities,its involvement are improved to a great extent.Couple of foreign economic exchanges,will inevitably produce relationship of creditor's rights debt,debt phenomenon is also common.Husband and wife identity as a community,however,whether as well as community property,a surviving spouse whether to assume joint and several liability for the debts of the burden,the other has always been a controversial academic field and practice field.Because of this understanding fuzzy,lack of legislation and judicial practice also caused the misunderstanding in many families,because a surviving spouse is not huge debt burden for family life,or even malicious debt led to the other party in the divorce of husband and wife become the victim of the other wild.Couples to fit socialism,in other words,to what extent should become the norm in judgment debt of husband and wife,and the marital property system of respective couple socialist how apply space? Joint debt and personal debt distinction criteria? On the liability how to guarantee the debt of the rights and interests of the other party? In a couple of debt to undertake such problems as how to divide the evidence rules,to joint debt and personal debt to distinguish legal consensus formation,becomes in this paper,the center of the research and exploration.This article mainly from the following several aspects to this.The first part through a couple of debt that has significant correlation law and judicial interpretation of the comb can be found,the husband and wife together debt identifying controversy focused on standard and burden of proof.A clear distinction between husband and wife together debt and personal debt should be comprehensive consideration whether it is a marriage relationship duration,whether for marriage life together,whether from several aspects,such as debt agreement.Reality of the existence of the second part discusses joint debt system legal dilemma exists in the marital property system,for the center with identity in marriage the term presumption of debt is natural for a common debt,responsibility jointly and severally.On the other hand,the unreasonable distribution of burden of proof is the difficulty of judging joint debt increased.The third part analysis system of joint debt way out.First of all,to marital property from the marriage status,emphasizes the contractual relationship,to expand the scope of personal property,especially in the situation of separation.Next,want to clear rights protection object,analyzing the nature of the debt of husband and wife because of marriage property respectively to the transformation of personal debt.The fourth part of perfecting the system construction of joint debt.Including the common property system of husband and wife to the transformation of property system respectively,the establishment of the system of household agent,the establishment of the separation of debt,correctly defined in standard joint debt of several concepts and so on.