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On Understands of Applications of Execution Responsibility of Couple’s Common Property

Author: QinMin
Tutor: HuDaWu
School: Southwest University of Political Science
Course: Legal
Keywords: The couple's joint property system Enforcement undertaking The couple's joint debt
CLC: D925.1
Type: Master's thesis
Year: 2010
Downloads: 164
Quote: 0
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Abstract


Couples within and external relationships of couples with the third world, in response to the market-oriented reforms and significant changes. The 1980 edition of the \Shortly thereafter, the Supreme People's Court in 2001, in 2003, have been put forward two judicial interpretation on the Marriage Law applies to couples common claims and couples of common debt, the couples personal debt identified conditions and applicable guidelines have done detailed provisions, specification the couples property relations, to protect the interests of creditors and resolve divorce disputes played a very important role. However, the identification of the marital property and debt nature and not limited to the trial proceedings such as divorce disputes and the borrower disputes the nature of the recognition of the couple's property and debts, in the implementation of the program, the same need, and this has long been in the \In this paper, the the entity legal system and procedures of the legal system, marriage and family law and civil enforcement of laws, multiple perspectives couple internal relations and external relations, made a profound analysis of the understanding and application of the system of jointly owned property from the theoretical and practical aspects of program execution . The article first overview of the system of jointly owned property, pointed out that China's legal system of marital property is jointly owned matrimonial property system, but couples can agree to take the separation of property regime. Shortly thereafter, the basic meaning of the article for the implementation of commitments with the main types are discussed. The application executor change program, almost no change is necessary and may, couples only because of the inheritance relationship in the execution of the application as the subrogation rights holders to the people's court application for enforcement. In the executed additional and change the program, couples often become the reason of the implementation of additional and direct the implementation of the non-enforcee party property. Involved in the implementation of the program of the couples debt cases to effectively regulate, articles by case, pointed out that in the implementation of the program should be clearly identified to the couple's joint debt, couples standard of personal debt, appended with the implementation of the program should be standardized, and the implementation of the development of scientific Relief program, not delay the execution efficiency while striving for the rights of all parties get a fair protection and relief. Finally, the article pointed out, the situation of the couple's day-to-day family dealership in China's Marriage Law Siyousiwu permission to make the couple's foreign agent unknown matters, leaving more room for malicious damage to a third person or spouse, balanced protection transaction security and the interests of the husband or wife of the third person not involved in the transaction, the definition of the external agent authority, especially the spouse external debt should the debt amount, debt in the form, method of repayment, no repayment obligations, repayment guarantee strict limited.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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