Researches On The Community Debt System Of Husband And Wife

Art.41 of Marriage Law defines the community debt of spouses in “used in common life”,namely the goal-direction principle,which leads to fake divorce of spouses to escape debts,it is hard for creditors to collect evidences,so their interests can not be protected.Art.24 of Interpretation ?of the Supreme People's Court defines it “during the marriage”,also namely presumption principle,which significantly protects the interests of creditors,the debtors ally with creditors to damage the interests of the other spouse.The Interpretation of the Supreme People's Court on Community Debt that tries to solve many difficult problems on the previous practice,it reduces the excessive preference to creditors in the Art.24.However,the Supreme People's Court still has the major suspicion of “headache and treat the head,feet pain and treat the feet”,which is fundamentally because the Supreme People's Court has two major misunderstandings in the community debt of couples.To improve the community debt of husband and wife,the Law shall be stipulated that the personal property of the debtor's spouse should not be responsible for the community debt in principle,and the personal debt which is not used for the community life can also be paid off with part of the community property of husband and wife.This paper is divided into five parts.The first part mainly introduces the background and significance of this paper,and makes clear the research purpose.The second part focuses on the basic theory of joint debt and expound the basis and method for recognition.The third part analyze the real joint debt system from the visual angles of practice in the case of the existing five big disadvantages: debts of husband and wife decided that the referee according to different,daily housework agency rules inaccurate positioning,uneven distribution of burden of proof,repayment liability for the debts of the injustice,marital property management is unknown.The fourth part studies the Anglo-American law system and continental law system in the representative countries and regions of the couple's debt system,we should draw lessons from the essence of joint debt system.The fifth part concludes that proper solution to the system of joint debt disputes: unifying of husband and wife debt as basis,establishing the system of daily housework agency,distributing the average of evident burden of proof,clearing common liquidation responsibility,setting up the marital property system of auxiliary,in order to contribute to the civil code of marriage and family part of the joint debt of husband and wife.