The Judicial Dilemma And Countermeasures The Process Of Performing The Debtor's Community

As for whether the personal debt of husband or wife can be paid off with the community property,if so,whether the share can be divided during the duration of the couple's existence,how to divide it,and what remedies are available,these issues vary in practice.The different practices of the same type of cases reflect the defects of the legal system.Therefore,it is very necessary to further discuss the legal basis and path of the enforcement of the community property and balance the interests of all parties.This paper explores the difficulties existing in the execution of the community property,and puts forward the countermeasures to solve the difficulties,so as to deal with the disputes related to the couple's personal debt.The structure of this article is as follows:The introduction is composed of six parts,including the question presentation,research significance,literature review,research methods and thesis structure,the main innovations and shortcomings of the thesis.Chapter one: the status and problems of the execution of the community property.This chapter consists of three sections.The first section is an overview of the execution of the conjugal property.The second section is the status quo of the implementation of the community property.The third section summarizes the difficulties encountered in the execution through the cases in judicial practice.Chapter two: the causes of the judicial dilemma of implementing the conjugal property.The first section explores the reasons of the legislation,which is that the legislation of China is not clear about the scope of the property of the individual debt liability of the husband or the wife.The legal situation of dividing the couple's community property within marriage is too narrow,and each party of the couple cannot divide the joint property within marriage because the personal debt is not satisfied.The lack of a matrimonial property registration system makes it difficult to protect the interests of creditors.The second section explores the reasons for the differences in the value orientation of local courts,whether they value legitimacy more or efficiency more.Chapter three: the perfect countermeasure of implementing husband and wife's community property.This chapter consists of three sections.Section 1 the scope of the liability property for the personal debt of the husband or wife,that is,to establish the rules for the repayment of the personal debt of the husband or wife,and to divide and determine the share of the joint property of the husband and wife under the premise of the existence of the husband-wife relationship by expanding the interpretation of article 4 of the interpretation of marriage law(iii);The second section establishes the standard execution procedure of the conjugated joint property,including the feasibility analysis of the direct execution of the community property,the establishment of the principle of equal division and the concrete steps of the execution of the conjugated community property.Conclusion: in view of the difficulty in the execution of personal debt in judicial practice,the solution adopted in this paper is to make it clear that when personal debt cannot be paid off with personal property,the premise of dividing the common property within marriage can be the premise.Establish proper enforcement procedures for community property and improve some remedies.Although the solution provided in this paper is targeted,it is trivial and not systematic enough.The author also hopes that in the drafting of the special enforcement of legal provisions and relevant judicial interpretation,the specific provisions of the implementation of the operational joint property of the husband and wife.