论文部分内容阅读
我国现行的夫妻债务区分标准,忽略了债法原理的指导作用,没有发挥出立法者希望的效果。本文指出应当以代表权为视角,并参考不当得利、无因管理等债法原理,重构我国夫妻债务的区分标准。
The current standard of dividing the debts of husband and wife in our country ignores the guiding role of the principle of debt law and does not give play to the effect that legislators hope. This article points out that we should regard representation as the angle of view, and with reference to unjust enrichment, there is no criterion to reconstruct the debt of husband and wife in our country due to the principle of debt management such as management.