试论夫妻共同债务

On the Common Debts of Husband and Wife

我国是采用婚后财产共同制为主要夫妻财产制度的国家,却未单独对夫妻债务做出系统性规定,导致在审判实践中常发生形式公平与实质公平的矛盾。通过对我国的相关规定进行梳理,借鉴国外的相关规定,提出了共同债务与个人债务的认定标准,重塑夫妻共同债务的举证责任。

Our country is a country which adopts the property system of marriage property as the main property, but it does not make a systematic regulation on the debts of husband and wife, which leads to the contradiction between formal justice and substantive justice in judicial practice. By combing the relevant provisions of our country, drawing on the relevant provisions of foreign countries,put forward the common debt and personal debt identification standards, to reshape the burden of proof of the husband and wife together.