Research On The Determination Of Common Debt Of Husband And Wife

Family is the base of the society,and spousal relationship is the link of the family.With the rapid development of economy,spousal relationship has changing a lot.Individual right consciousness is stronger and stronger in the marriage,it’s a big change from Chinese traditional marriage relationship.More and more couples will choose contractual property system instead of legal property system.In this condition,the problem of the matrimonial community debt is more and more complex.The matrimonial community debt is an important and hot problem of our society.It’s not only about interests between husband and wife,also about relative person of the transaction and even the transaction security of society.Because of the matrimonial property has double attributes which is status and property,it is complicated and difficult to cognize injustice practice.And there are problems about judging rules of matrimonial community debt such as conflict of application and not enough rules of judging standards.From the "purpose rules" to the "presumption rules",which caused a big dispute in society,and back to the "purpose rules".It makes more difficult to cognize the matrimonial community debt in justice practice.It is much more important to make specific rules of judging standards of matrimonial community debt.The full text consists of five parts:The first part is introduction,it mainly introduces the writing background and the meaning of thesis and the domestic and foreign literature review of judging standards of matrimonial community debt.The second part is summarizing of matrimonial community debt,concluding the definition,the feature and the cognizing foundation of matrimonial community debt.The third part combs rules of judging standards of matrimonial community debt of China,and analyse the problems of judging rules of matrimonial community debt.The fourth part introduce the rules of judging rules of matrimonial community debt in German,France,Japan and America,and the legislative reference to China.The fifth part is the optimized opinions on recognition rules of matrimonial community debt,the following Suggestions are proposed:the first is "establish the principle of judging standards of matrimonial community debt in the law",the second is "ascertaining range and application condition of agent right to the daily housework in conjugal relation",the third is "strengthen the connect between the rules of matrimonial community debt and the matrimonial regime",the forth is"establish the property promissory system of registration and publicity" and the fifth is to allot burden of proof.