共同意思型夫妻共同债务的认定

Determination of Joint Debt for Jointly Intentional Couples

《民法典》第一千零六十四条直接承袭了2018年司法解释的条文内容,“合意型共债”事实上包括双方共同签名或一方事后追认等共同意思表示所负的债务以及债权人能够证明债务是基于双方共同意思表示两种类型。司法实践中对于“共同意思”的理解各有不同,从“合意型共债”的规范意旨出发,结合夫妻共同债务认定规则的立法过程,司法工作人员对于夫妻共同意思表示的认定,应当依据当事人的意思自治认定,确立维持债权人和举债人配偶利益平衡的理念。

Article 1064 of the Civil Code directly inherits the provisions of the 2018 judicial interpretation, “consensual joint debt” in fact includes two types of debts incurred by both parties with joint signatures or one party’s subsequent acknowledgement of the common meaning, and the creditor is able to prove that the debt is based on the common meaning of the two parties. Judicial practice for the “common meaning” of the understanding of different, from the “consensual joint debt” normative intent, combined with the husband and wife joint debt rules of the legislative process, the judicial staff for the husband and wife of the determination of the joint expression of will, should be based on the parties The judicial staff should determine the joint intention of the spouses on the basis of the autonomy of the parties, and establish the concept of maintaining a balance between the interests of the creditor and the spouse who incurred the debt.