夫妻个人债务执行研析

Research On the Execution of the Couples' Personal Debt

在个人财产不足以清偿夫妻个人债务的情况下,有两种执行路径:一是代位析产诉讼,二是不进行析产,直接执行夫妻共有财产中的应有份额。基于代位析产诉讼与执行的强制力、效率追求、夫妻甘苦与共的伦理要求相悖,我国应废除执行中的代位析产诉讼,以后者为进路。直接执行夫妻共有财产份额清偿个人债务,虽然实现了执行的强制力和效率要求,却会损害非负债配偶的共有财产权益。为消除此障碍,我国可借《民法典》编撰契机,完善夫妻债务清偿机制,借鉴法国共有财产补偿机制,实现对配偶方和债权人财产权益的双赢保障。如此,既契合了执行的效率追求,又维护了婚姻家庭的稳定性。

When one of the couples is the debtor and his or her personal property is not enough to pay out the debt,there are two route choices,one of which is that the creditor subrogates the debtor to bring an action to distribute the community property,the other of which is to directly execute the debtor`s fractional shares. In view of the contradiction between the compulsory force,efficiency pursuit and the ethical requirement of husband and wife’ s sharing of happiness and suffering,China should abolish the subrogation litigation in execution,and the latter is the way forward. Direct implementation of the share of joint property of husband and wife to settle personal debts will damage the non-debt spouse’s joint financial rights and interests,though it meets the mandatory force and efficient requirements of execution. In order to eliminate this obstacle,we can take the opportunity of compiling the Civil Code to improve the marital debt repayment mechanism,and learn from the French common property compensation mechanism,so as to realize the win-win protection of the property rights and interests of spouses and creditors. In this way,it not only conforms to the pursuit of efficiency of implementation,but also maintains the stability of marriage and family.