论我国夫妻共同债务法律制度的完善

发布时间：2018-03-22 15:16

本文选题：共同债务　切入点：债务清偿　出处：《青岛大学》2017年硕士论文　论文类型：学位论文

【摘要】：针对当前夫妻因离婚问题导致的夫妻共同生活中所负的债务该由哪方来偿还,我国《婚姻法》中明确规定夫妻双方在婚后共同生活期间所负有的债务应当由双方进行偿还,虽然法律中对这一问题进行阐述但是并未十分明确,例如存在疑问的有夫妻共同债务的确认、对有共同债务的夫妻应当在法律中如何承担责任的确认等方面都较为模糊,因夫妻共同生活期间债务问题的复杂性,如何正确理解和适用《婚姻法》对着社会公众生活的公平公正具有着重要现实意义。因《婚姻法》在夫妻共同债务方面的理论研究在业界方面普遍存有争议,因此也未能得到较为统一的观点。在婚姻法的司法解释中对于夫妻共同生活期间的债务概念虽然进行了概述,但是同样表现得较为模糊,但是其规定了法律上夫妻共同债务认定的基本原则,该原则简化了夫妻共同债务的认定步骤。而随着我国司法实践的范围和深入不断扩大,夫妻共同债务的规定也逐渐暴露出其不足的一面,例如虚构债务及虚假离婚等都给当事人的利益带来了严重的损失等,对我国当前建立起来的良好法治形象造成了一定程度上的损害。夫妻共同债务是《婚姻法》里一个重要的概念,研究在婚姻存续期间或者是离婚时夫妻共同财产有关债务的问题是非常有现实意义的,对于保护财产安全和配偶中处于弱势地位的一方具有重要意义。
[Abstract]:In view of which party should pay the debts in the joint life of the husband and wife caused by the divorce problem, the Chinese Marriage Law clearly stipulates that the debts incurred by the husband and wife during the period of their joint life after marriage shall be repaid by both parties. Although the law addresses this issue, it is not very clear. For example, the recognition of the joint debt of the husband and wife in doubt and the recognition of how the husband and wife with the joint debt should be held responsible in the law are rather vague. Because of the complexity of the debt problem during the couple's life together, How to correctly understand and apply the Marriage Law is of great practical significance to the fairness and justice of the public life. Therefore, a more unified view has not been obtained. Although the concept of debt during the life of the couple is outlined in the judicial interpretation of the Marriage Law, it is also more vague. However, it prescribes the basic principle of legal recognition of joint debt between husband and wife, which simplifies the steps of determining the joint debt of husband and wife. However, with the expansion of the scope and depth of judicial practice in our country, The stipulation of joint debt between husband and wife has gradually exposed its shortcomings. For example, fictitious debts and false divorces have brought serious losses to the interests of the parties concerned. To a certain extent, the good image of the rule of law established in our country has been damaged to a certain extent. The joint debt between husband and wife is an important concept in the Marriage Law. It is of great practical significance to study the debt related to the joint property of husband and wife during marriage or divorce, which is of great significance for the protection of property safety and the protection of one of the spouses in a weak position.
【学位授予单位】：青岛大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D923.9

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