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Born spouse behavior due to the nature of the debt identified : joint debts or the personal debts

Author: ZhaoCuiLi
Tutor: FuDingSheng
School: East China University of Political Science
Course: Legal
Keywords: Marital Debt Jointly debt Couples personal debt Common household debt Daily housework Agent
CLC: D923.9
Type: Master's thesis
Year: 2009
Downloads: 96
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Abstract

With the continuous development of market economy , more and more couples to participate in a variety of economic activities can lead to marital debt , more and more and more complex. In recent years, judicial proceedings , most divorces are related to debt , debt finds not only a husband and wife couple's interests, but also between the interests of the creditors , and how to balance the interests of all parties identified as a problem in judicial practice . This paper mainly uses comparative analysis and empirical analysis of research methods, combined with our laws applicable in the actual situation in the couple debt regime based on the analysis of the behavior of one born to identify how the debt from two made their views , hoping to guide judicial practice . The body consists of four parts. The first part , the basic theory of marital debt . This section describes the couple's joint debt , personal debt, and the couple husband and wife jointly debt and personal debt difference between husband and wife , husband and wife jointly debt and common household debt difference. The second part of the judicial practice identified in the analysis of two views . This section mainly with the judicial practice of debt identified different perspectives , analyze the pros and cons of various viewpoints , and then presented to the debt due to the nature of one of the spouses act born of insight and identify reasons . The third part , the couple finds external debt . This section first collation and analysis of the existing legislation on foreign relations marital debt identified , and the two exceptions provided by law for interpretation . Here is the so-called external couple with a third person as a whole, speaking of the relationship . Finally, the external debt of several couples carried out a detailed analysis . The fourth part , the couple shared internal debt . And the couple finds different external debt , the couple shared in the internal debt between husband and wife conducted . This section first describes the couple shared within the applicable prerequisites and principles shared within the couple , and then when a debt between husband and wife shared by the couple , when there is a couple people sharing analyzed , finally, common for real life several analyzes determined case by case basis .

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