Research On The Couple’s Joint Debts

With the continuous deepening of the reform of market economic system,private ownership economy play an increasingly important role in economic activity,more and more case about Matrimonial Debt occurred and some of them involve huge debt.The system of Matrimonial Debt not only affects the balance of rights and interests within the husband and wife,but also affects the transaction security with others.Due to the current legislation only focus on the positive property rights ignore to establish system of Matrimonial Debt,so we can see a lot of problem happened in juridical practice,so it’s urgent to improve the system.Besides the introduction and conclusion,this passage is divided into 4 parts:The first part is an overview of the system,including the conception,characteristics,nature,classification of the system of Matrimonial Debt;The second part would talk about the problems in our legislation,and try to find a way to fix the problems;The third part I would introduce the system of France,Germany,the United States and other countries,and try to sum what we can learn from the advanced foreign legislation;The last part,the paper proposes a more reasonable approach based on China’s actual conditions,involved establishing the system of Matrimonial Debt,clearing the range of Matrimonial Debt,standardizing the system of debt-paying and recovery,perfected agency of family affairs,constructing the Separation System and Public Registration System of Matrimonial property.