A Study On The Compulsory Enforcement Of Personal Debt Of Couples

Our socialist economy is in the stage of rapid development,debt disputes have diversified and complicated trends.Due to the influence of traditional culture,the relevant system of marriage and family pays more attention to the couple’s common property than the couple’s personal property.Therefore,the legislation on the couple’s personal debt is also relatively general.In the procedure of civil enforcement,whether the personal debt of one of the husband and wife can be paid off with the joint property of the husband and wife,and if so,how to execute the joint property of the husband and wife,these are controversial issues in the execution work of the court.Among them,as one of the ways to solve the problem of enforcing the marital common property due to the couple’s personal debt,the partition suit has not received enough attention.In the first chapter,this paper expounds the background and significance of the topic and sorts out the research status at home and abroad on the enforcement of marital personal debt,so as to prepare for the subsequent writing of this paper.In the second chapter,the paper analyzes the concept of personal debt of the husband and wife,defines the marital personal debt by combining two standards:time of debt and cause of debt with the meanings of both husband and wife,and concludes the situation of the marital personal debt under the current laws and regulations of our country;This article summarizes the methods of the compulsory execution of marital personal debt in our country.It first executes the personal property of the subject to clear the debt,and when the execution of personal property can no longer satisfy the debt,it will execute the marital common property of the subject.This article also expounds the three execution methods in our country at present:Directly execute the share held by the person subject to execution,add the spouse of the person subject to execution as the person subject to execution,and separately file a property analysis lawsuit to divide the couple’s common property.In the third chapter,the concept and legal provisions of the action of property analysis are expounded.Comparing the other two ways of execution,the author analyzes the advantages of the action to clarify the necessity of setting up the action.To sort out the conditions of the birth action.In the fourth chapter,it lists some problems existing in our country nowadays,including the lack of substantive law basis for our legal claim right,the high legal costs and the lack of protection of the rights of the spouse of the executor.In the fifth chapter,the author puts forward some suggestions on the improvement of the property analysis litigation,which should increase the legal causes of property analysis within marriage,expand the object of the creditor’s subrogation right,improve the efficiency of the property analysis litigation and clarify the division rules of the couple’s common property to ensure the rights of the spouse subjected to execution.Finally,in the sixth chapter,the author looks forward to the future of marital personal debt enforcement and property analysis litigation,hoping that the property analysis litigation can be better used in the future judicial practice and the related problems of marital personal debt enforcement can be solved.