Research On The Debts Of Couple Company From The Perspective Of Family Property System

In recent years,with the development of the market economy and the state’s encouragement and support for the development of enterprises,the company has become the main way for families to live on the basis of loose corporate establishment thresholds.In particular,due to the background of Chinese domestic family property system and the historical reason of the common economy,a large number of couples’ shops and family-run businesses have been converted into couples’ companies.However,due to the peculiarity of the shareholder relationship of the husband and wife company,the shareholders’ interests are highly consistent.Lacking of an effective supervision mechanism inside and outside the husband and wife company has caused various problems in practice.For example,there are nominally twoperson shareholder in a couple’s company,which is contrast with most of the name of another person.In the absence of supervision,company property and husband and wife shareholder property are easily confused.Therefore,the research on the debts of husband and wife companies can not only be judged based on the specific rules of appearanceism,but also analyzed based on the parties’ true intentions.The husband and wife company is a general limited liability company in form,When a couple’s company is essentially a family-owned asset and the family shares income,the judgment of the couple as the two shareholders in the trial practice should be considered as a one-person company.Therefore,in practice,the liability for external settlement and proof of the debt of couple company can be referred to the relevant regulations of the one-person company according to the case.In addition,by combing domestic and foreign husband and wife company debt handling systems,China’s couple company debt still has the problem of unclear division of internal responsibilities,especially the division of responsibilities between husband and wife shareholders.As for the liability of couple company,it is not only necessary to clarify the joint liability of husband and wife shareholders and the company.In order to reflect the principle of equality between husbands and wives,it is also necessary to further divide the recognition of husband and wife joint debts between husband and wife shareholders.Although the presumption rules of married couple debt have been established in the "Interpretation of Marriage Law 2" in our country,we need to further elaborate on the complex " debt generated in co-operated business ".In a word,the debt problem of couple companies involves the crossregulation of the Marriage Law and the Company Law,and it has a certain complexity and diversity in the way it is handled.In order to further realize the fair settlement of the debts of couple company,it is necessary to proceed from the principle of the integrity of the family,the principle of protecting creditors and the principle of prohibiting the abuse of rights.