Research On The Rules For The Settlement Of The Debts Of Husband And Wife

It has been nearly three years since the implementation of the Civil Code,and the relevant legislation on joint debts of husband and wife in the marriage and family chapter still only focuses on the determination of joint debts,and the corresponding provisions on the settlement of joint debts of husband and wife are only 1089 articles.Therefore,marriage legislation should establish a sound system for the settlement of joint debts of husband and wife,reasonably distinguish between joint debts of husband and wife and personal debts of husband and wife,and provide a scientific model for marriage parties to settle marital debts,so as to realize that both husband and wife can bear the responsibility of paying off marital debts fairly,and at the same time ensure that creditors efficiently realize their legal rights.This paper mainly analyzes the rules of debt repayment for husband and wife,which is divided into the following five parts.The first part is introduction.The conclusion is mainly based on the research background and research value,as well as the domestic and foreign research status of marital debt repayment rules were sorted out and analyzed,and the applicable research methods were listed in this paper.The second part is about the concept of marital property system and joint debt repayment.This paper mainly analyzes the different types and characteristics of joint debt and debt repayment of the husband and wife and the standard of joint debt repayment in the current law.The third part is the deconstruction of the relevant legislation of the marital debt liquidation and the legislative evolution of the marital debt liquidation.This paper examines the supply of rules for the liquidation of marital debt from two aspects: the mode of sharing and the practical problems arising from the operation mechanism.Moreover,by examining relevant foreign legislation and system model,and comparing scientifically,we reflect on our legislation.The fourth part,the legislative improvement of the rules of debt repayment of husband and wife.From the two perspectives of the specific debt sharing mode and the operation mechanism of repayment,the sharing mode should be scientifically selected,the operation mechanism should be gradually improved,the payment path of marital debt and the nature of responsibility should be clarified,the norms should be strictly implemented,and the rules of external joint and internal recovery should be set.The fifth part is the conclusion.The above contents are summarized and analyzed and prospected.The purpose of this paper is to discuss the design and implementation of the marital debt repayment system to improve the efficiency and guarantee of marital debt repayment.Through literature method,comparative research method and logical analysis method,the design,implementation,improvement and optimization of the marital debt repayment system are deeply studied.In addition,based on the relevant provisions of the current Civil Code and the historical evolution of China since the marriage legislation in 1950,this paper proposes to continue to implement the dualistic settlement model,restore the provisions on the settlement of personal debts of husband and wife,and promote the settlement of joint debts of husband and wife and the settlement path and operation mechanism of personal debts of husband and wife.