夫妻一方以个人名义所负债务清偿规则的解析

An Interpretation of Debt Settlement Rules in the Name of One Party of the Marriage

在夫妻共同债务的承担方式上,我国目前呈现出侧重保护第三人利益的同时,也对非举债配偶的合法利益进行保护,这使得婚内个人债务与夫妻共同债务呈现出逐渐分离的状态。本文通过对夫妻一方与第三人形成合法债务,将婚内个人债务转变为夫妻共同债务,从而故意损害非举债配偶合法利益的情况展开讨论,进而提出自己的观点和建议。

With rapid social and economical development,the joint debt between a couple has become a familiar topic to the public. Under this mechanism,the law places particular emphasis on protecting the interest of the third party,also protects the legitimate interest of the non-borrower of the marriage,which gradually tends to separate the concept of personal debt and the joint debt within the marriage. However,there is a case in which one party of the marriage purposely damages the interest of the other party by creating legal debts with the third party. This paper probes into this case and puts forward the author＇s own point of view and suggestions.