我国夫妻债务承担问题研究
发布时间：2018-10-25 10:42
【摘要】：我国现在正值市场经济快速发展的时期，家庭也伴随着经济的发展频繁地参与到市场经济活动中，夫妻间对财产占有的形式呈现多样化，夫妻双方或一方举债的原因、形式、性质等也变得复杂，我国现行《婚姻法》对夫妻财产归属问题关注较多，而对于婚姻关系存续期间，夫妻一方或双方因日常生活、生产、经营、消费等活动与第三人之间产生的债务的相关规定不够完善，这既不利于维护交易安全、保护债权人的合法权益，也不利于维护婚姻家庭的和谐、稳定。 在我国学界中，学者们对夫妻债务制度进行了较为全面透彻的研究，推进了我国夫妻债务制度的完善和发展，但对于其中的夫妻债务承担问题进行具体研究的却并不多。本文拟在充分吸收前人研究成果、借鉴外国的立法经验的基础上，探讨我国夫妻债务的界定和债务承担的问题，分析我国现行立法的不完善之处，进而提出完善我国夫妻债务承担问题的个人见解。 本文的主要结构如下： 引言部分通过一个案例简要提出我国法律在夫妻债务方面的规定存在的问题，尤其是在夫妻债务认定和夫妻债务承担方面现行立法规定的不完善问题，，指出再进行进一步探讨的必要性。 第一章对夫妻债务承担进行概述。主要围绕对两种不同债务的概念、本质、范围进行概述，总结出夫妻共同债务的认定标准，对夫妻债务的划分进行分别界定；通过介绍学者关于夫妻债务承担的观点，为下文的分析、完善夫妻债务承担问题提供理论基础。 第二章主要通过对我国相关规定进行评析，指出立法、司法中存在的问题。分为两部分：第一部分通过对现行立法中有关夫妻债务承担的相关规定以及夫妻间内部追偿的相关规定进行评析，指出现行立法中存在的问题；第二部分通过具体案例的形式指出因实体法的不足所引发的法律实践问题。 第三章是分析域外对此问题的相关规定，指出其可供借鉴之处。通过介绍国外一些国家立法中，有关夫妻共同债务的承担、有关夫妻个人债务的承担、有关夫妻共同债务和个人债务并存时的承担顺序、有关夫妻个人财产与共同财产之间的追偿的相关规定，综合各国的立法特点并对其加以分析评述，从中总结出其给予我们的启示。 文章的最后一部分主要是结合前人的研究成果，借鉴域外立法经验给予我们的启示，对夫妻债务承担规定进行思考总结，提出一定的完善建议。
[Abstract]:China is now in a period of rapid development of the market economy, and families are also frequently participating in market economic activities with the development of the economy. The forms of possession of property between husband and wife are diversified, and the reasons and forms for both sides of the couple or one of them to borrow money. The nature of the marriage law has also become more complicated. The current Marriage Law in China pays more attention to the problem of the attribution of marital property. However, during the marriage relationship, one or both of the husband and wife are involved in daily life, production and operation. Consumption and other activities and the third party between the debt generated between the relevant provisions are not perfect, which is not conducive to safeguarding the security of transactions, protect the legitimate rights and interests of creditors, but also conducive to the maintenance of marriage and family harmony, stability. In the academic field of our country, scholars have carried on the comparatively comprehensive thorough research to the husband and wife debt system, promoted the consummation and the development of the husband and wife debt system in our country, but the concrete research on the husband and wife debt undertaking problem is not much. On the basis of absorbing the previous research results and drawing on the foreign legislative experience, this paper discusses the definition of husband and wife debt and the problem of debt commitment, and analyzes the imperfections of the current legislation in our country. Then put forward the personal opinion of perfecting our country husband and wife debt undertaking problem. The main structure of this paper is as follows: in the introduction part, through a case, the author briefly points out the problems existing in the stipulation of husband and wife debt in the law of our country. Especially, it points out the necessity of further discussion on the imperfection of the current legislation on the recognition of husband and wife debt and the commitment of husband and wife debt. The first chapter summarizes the debt commitment of husband and wife. Focusing on the concept, nature and scope of two different kinds of debt, summed up the identification criteria of common debt of husband and wife, defined the division of husband and wife debt, and introduced the viewpoint of the scholars on the commitment of husband and wife debt. For the following analysis, improve the husband and wife debt commitment to provide a theoretical basis. The second chapter points out the problems in legislation and judicature by analyzing the relevant regulations of our country. It is divided into two parts: the first part points out the problems existing in the current legislation through the analysis of the relevant provisions of the current legislation on the debt commitment between husband and wife as well as the related provisions of internal recovery between husband and wife; The second part points out the legal practice problems caused by the deficiency of substantive law through the form of specific cases. The third chapter is to analyze the relevant provisions on this issue, pointing out that it can be used for reference. By introducing the legislation of some foreign countries about the commitment of the joint debt of husband and wife, the commitment of the personal debt of the husband and wife, and the order of the assumption of the joint debt and personal debt of the husband and wife, The relevant provisions about the recovery between husband and wife's personal property and common property, synthesizing the legislative characteristics of various countries and analyzing and commenting on them, summarize their enlightenment to us. The last part of the article is mainly based on the previous research results, draw lessons from the experience of foreign legislation to give us enlightenment, the husband and wife debt commitment provisions for reflection and summary, and put forward some suggestions to improve.
【学位授予单位】：华侨大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D923.9
本文编号：2293473
[Abstract]:China is now in a period of rapid development of the market economy, and families are also frequently participating in market economic activities with the development of the economy. The forms of possession of property between husband and wife are diversified, and the reasons and forms for both sides of the couple or one of them to borrow money. The nature of the marriage law has also become more complicated. The current Marriage Law in China pays more attention to the problem of the attribution of marital property. However, during the marriage relationship, one or both of the husband and wife are involved in daily life, production and operation. Consumption and other activities and the third party between the debt generated between the relevant provisions are not perfect, which is not conducive to safeguarding the security of transactions, protect the legitimate rights and interests of creditors, but also conducive to the maintenance of marriage and family harmony, stability. In the academic field of our country, scholars have carried on the comparatively comprehensive thorough research to the husband and wife debt system, promoted the consummation and the development of the husband and wife debt system in our country, but the concrete research on the husband and wife debt undertaking problem is not much. On the basis of absorbing the previous research results and drawing on the foreign legislative experience, this paper discusses the definition of husband and wife debt and the problem of debt commitment, and analyzes the imperfections of the current legislation in our country. Then put forward the personal opinion of perfecting our country husband and wife debt undertaking problem. The main structure of this paper is as follows: in the introduction part, through a case, the author briefly points out the problems existing in the stipulation of husband and wife debt in the law of our country. Especially, it points out the necessity of further discussion on the imperfection of the current legislation on the recognition of husband and wife debt and the commitment of husband and wife debt. The first chapter summarizes the debt commitment of husband and wife. Focusing on the concept, nature and scope of two different kinds of debt, summed up the identification criteria of common debt of husband and wife, defined the division of husband and wife debt, and introduced the viewpoint of the scholars on the commitment of husband and wife debt. For the following analysis, improve the husband and wife debt commitment to provide a theoretical basis. The second chapter points out the problems in legislation and judicature by analyzing the relevant regulations of our country. It is divided into two parts: the first part points out the problems existing in the current legislation through the analysis of the relevant provisions of the current legislation on the debt commitment between husband and wife as well as the related provisions of internal recovery between husband and wife; The second part points out the legal practice problems caused by the deficiency of substantive law through the form of specific cases. The third chapter is to analyze the relevant provisions on this issue, pointing out that it can be used for reference. By introducing the legislation of some foreign countries about the commitment of the joint debt of husband and wife, the commitment of the personal debt of the husband and wife, and the order of the assumption of the joint debt and personal debt of the husband and wife, The relevant provisions about the recovery between husband and wife's personal property and common property, synthesizing the legislative characteristics of various countries and analyzing and commenting on them, summarize their enlightenment to us. The last part of the article is mainly based on the previous research results, draw lessons from the experience of foreign legislation to give us enlightenment, the husband and wife debt commitment provisions for reflection and summary, and put forward some suggestions to improve.
【学位授予单位】：华侨大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D923.9
【参考文献】
相关期刊论文 前7条
1 孙振宇,陈楚;夫妻财产制若干疑难案例的法律思考[J];常熟高专学报;2003年05期
2 王瑞;;论夫妻共同债务的认定和清偿[J];法制与社会;2011年26期
3 裴桦;;关于共同共有两个基本问题的思考——兼评我国《物权法》相关条款[J];甘肃政法学院学报;2008年04期
4 胡双双;;论夫妻共同债务的认定与清偿[J];湖南工业职业技术学院学报;2011年03期
5 王文信;婚姻法不宜设定以夫妻共同财产清偿共同债务[J];河南社会科学;2004年06期
6 熊学庆;;婚姻期间夫妻一方借款的债务性质[J];人民司法;2009年06期
7 穆英慧,黄顺林;离婚时夫妻共同债务承担问题法理探讨——对新《婚姻法》第41条分析[J];政法论丛;2003年04期
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