论我国夫妻共有财产执行的困境与出路——基于夫或妻一方为名义债务人的视角

Difficulties and solutions in the implementation of the common property of the couple——Based on the perspective of the debtor is husband or wife

我国夫妻共有财产的执行难体现在,首先立法缺失,夫妻共有财产的执行缺乏相关的法律规定;其次是理论研究不足,难以为执行中夫妻共有财产的分割以及配偶的追加提供理论依据。探索出路,以责任财产理论作为夫妻共有财产执行的理论依据,同时构建执行力主观范围扩张理论,并以该理论作为夫妻共有财产执行中当事人追加的理论基础。

The implementation of the common property of husband and wife in China is difficult to reflect,first of all,the lack of legislation,the lack of relevant laws and regulations;The second is the lack of theoretical research,it is difficult to provide a theoretical basis for the implementation of the division of husband and wife property as well as the addition of spouses.Explore outlet,Under the premise of the current lack of legal basis,the theory of liability property as the theoretical basis for the implementation of the common property of husband and wife,At the same time,this paper constructs the theory of subjective scope expansion of executive power,and uses the theory as the theoretical basis of the party's supplementary property.