民事执行视域下夫妻个人债务清偿规则重塑

Reshaping the Rules for the Settlement of Spouses Personal Debt from the Perspective of Civil Enforcement

共同财产制下以个人财产清偿夫妻个人债务的清偿规则陷入困境,需调整夫妻个人债务的责任财产。从平衡债权人以及债务人配偶的利益、便利民事执行的视角出发,应以夫妻共同财产清偿夫妻个人债务。执行共同财产时,面临是否设置清偿顺序,如何界定债务人的份额等问题。对债务人离婚的不宜设立与共同生活时相同的清偿规则。执行共同生活期间的夫妻个人债务,应区分为个人利益和为非个人利益的个人债务,并设定不同的清偿规则。

Under the community property system, as the rule of settling the spouse’ personal debt with personal property has entered a dilemma, there is a need to adjust the responsible property for spouses personal debt. From the perspective of balancing the interests of creditor and debtor’s spouse and facilitating civil enforcement, spouses personal debt should be paid off by the spouses ’common property. In terms of the common property enforcement, problems such as whether to set up an order of settlement and how to define the debtor ’s share should be clarified. For the divorced debtor, it is not appropriate to set down the same settlement rule as that during their married life. In the latter case, whether the personal debt is incurred for personal or non-personal benefit should be distinguished, and respective rules of settlement should be made.