论文部分内容阅读
夫妻共同债务认定标准关系到夫妻共同利益、配偶双方个人利益以及债权人利益的衡量,同时又处于婚姻法与合同法的交叉区域,因此具有复杂性。我国当前夫妻共同债务认定标准不统一,存在着举债目的标准、债务合意制以及债务时间推定制等多种标准,又使得夫妻共同债务认定标准乱象加剧,给实践中法律适用造成困难。我国应将“目的说”作为夫妻共同债务的认定标准,将“时间说”与“合意说”作为认定“为共同生活举借”的具体标准,同时引导确立夫妻债务共签制,以平衡债权人利益与夫妻双方个人利益。
The common debt recognition standard of husband and wife concerns the common interests of husband and wife, the personal interests of both spouses and the interests of creditors, and is also in the cross of marriage law and contract law. In our country, the common standards of recognizing the common debts of husband and wife are not uniform. There are many standards such as the debt-seeking standards, the debt-liability system and the debts-in-time presumption system, which aggravate the chaos of the couple’s common debt recognition standard, which makes it difficult to apply the law in practice. China should regard “purpose ” as the standard for determining the common debt of husband and wife, “time ” and “desirable to say ” as Debt signing, in order to balance the interests of creditors and the interests of both spouses.