域外民法典中的夫妻债务制度比较研究——兼议对我国相关立法的启示

发布时间：2018-03-16 05:24

本文选题：民法典　切入点：夫妻债务　出处：《现代法学》2017年05期 　论文类型：期刊论文

【摘要】：在域外的多部民法典中,确立夫妻债务规则的立法模式可划分四类,其中在夫妻财产制中规定对外财产责任最为常见。实行不同种类夫妻财产制,配偶之间负担对外财产责任有别。夫妻共同债务范围可区分为大、中、小、超小四种法例。配偶承担连带责任的债务通常限于共同生活的必要、共同财产所生债务、夫妻合意之债,且夫妻对半负担共同债务之清偿责任;个人财产仅在特定情形下对共同债务承担补充责任。夫妻一方个人债务由本人负责清偿。夫妻共同财产或者配偶一方个人财产清偿了另一方配偶个人债务的,获益配偶方应予以补偿。基于保障对外财产责任履行和配偶另一方利益等考虑,立法禁止或限制配偶一方擅自处分、让与其财产或财产利益。我国制定民法典婚姻家庭编确定夫妻对外财产责任时,既要充分考虑夫妻均是独立个体,有各自的个人利益,又要考虑夫妻是婚姻共同体的成员,彼此具有共同利益;坚持民事主体地位平等,既合理分配夫妻对财产责任负担,又要公平保护第三人权益。
[Abstract]:In many foreign civil codes, the legislative model of establishing the rules of husband and wife debt can be divided into four categories, among which the foreign property liability is the most common in the matrimonial property system, and different types of matrimonial property system are implemented. The scope of joint debt of husband and wife can be divided into four kinds of laws: large, medium, small and super small. The joint and several liabilities of spouses are usually limited to the necessity of living together, the debts arising from the common property, The debt agreed by the husband and wife, and the liability of the husband and wife to pay off the debt half of the burden of the joint debt; The personal property shall bear supplementary liability for the joint debt only under certain circumstances. The personal debts of one spouse shall be paid off by himself. If the spouses' joint property or one of the spouses' personal property has paid off the personal debts of the other spouse, The beneficiary spouse shall compensate. Considering such considerations as safeguarding the performance of external property obligations and the interests of the other spouse, the legislation prohibits or restricts one spouse from taking unauthorized actions, When making the Civil Code of our country to determine the husband and wife's external property responsibility, we should not only take full account of the husband and wife are independent individuals, have their own personal interests, but also consider that the husband and wife are members of the marriage community. We should insist on equal status of civil subject, reasonably distribute the burden of husband and wife's property responsibility, and protect the rights and interests of the third party fairly.
【作者单位】：厦门大学法学院;
【分类号】：D923.9

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