婚内共同财产分割中债权人利益保护研究

Research on the Protection of Creditors’ Interests in the Division of Marital Common Property

婚内财产分割与否可能会导致债权人利益受损,对于夫妻的个人债务,不宜赋予债权人请求分割婚内共同财产的权利,考虑到与现行物权法的协调而应当采取代位析产诉讼的方式来救济债权人。对于夫妻的共同债务,债权人可以根据债务人的履债行为选择以第三人身份参加到诉讼中或提起第三人撤销之诉,从而保护自己的合法债权。

The division of marital property may cause damage to the interests of creditors. For the personal debt of husband and wife, it is not appropriate to give creditors the right to request the division of marital common property. Considering the coordination with the current property law, we should adopt the way of subrogation to relieve creditors. For the joint debts of husband and wife, the creditor may choose to participate in the lawsuit as a third party or initiate the withdrawal action of the third party according to the debtor's performance, so as to protect his legitimate creditor's rights.