我國夫妻債務(wù)承擔(dān)問題研究
發(fā)布時間：2018-10-25 10:42
【摘要】：我國現(xiàn)在正值市場經(jīng)濟(jì)快速發(fā)展的時期，家庭也伴隨著經(jīng)濟(jì)的發(fā)展頻繁地參與到市場經(jīng)濟(jì)活動中，夫妻間對財產(chǎn)占有的形式呈現(xiàn)多樣化，夫妻雙方或一方舉債的原因、形式、性質(zhì)等也變得復(fù)雜，我國現(xiàn)行《婚姻法》對夫妻財產(chǎn)歸屬問題關(guān)注較多，而對于婚姻關(guān)系存續(xù)期間，夫妻一方或雙方因日常生活、生產(chǎn)、經(jīng)營、消費(fèi)等活動與第三人之間產(chǎn)生的債務(wù)的相關(guān)規(guī)定不夠完善，這既不利于維護(hù)交易安全、保護(hù)債權(quán)人的合法權(quán)益，也不利于維護(hù)婚姻家庭的和諧、穩(wěn)定。 在我國學(xué)界中，學(xué)者們對夫妻債務(wù)制度進(jìn)行了較為全面透徹的研究，推進(jìn)了我國夫妻債務(wù)制度的完善和發(fā)展，但對于其中的夫妻債務(wù)承擔(dān)問題進(jìn)行具體研究的卻并不多。本文擬在充分吸收前人研究成果、借鑒外國的立法經(jīng)驗(yàn)的基礎(chǔ)上，探討我國夫妻債務(wù)的界定和債務(wù)承擔(dān)的問題，分析我國現(xiàn)行立法的不完善之處，進(jìn)而提出完善我國夫妻債務(wù)承擔(dān)問題的個人見解。 本文的主要結(jié)構(gòu)如下： 引言部分通過一個案例簡要提出我國法律在夫妻債務(wù)方面的規(guī)定存在的問題，尤其是在夫妻債務(wù)認(rèn)定和夫妻債務(wù)承擔(dān)方面現(xiàn)行立法規(guī)定的不完善問題，，指出再進(jìn)行進(jìn)一步探討的必要性。 第一章對夫妻債務(wù)承擔(dān)進(jìn)行概述。主要圍繞對兩種不同債務(wù)的概念、本質(zhì)、范圍進(jìn)行概述，總結(jié)出夫妻共同債務(wù)的認(rèn)定標(biāo)準(zhǔn)，對夫妻債務(wù)的劃分進(jìn)行分別界定；通過介紹學(xué)者關(guān)于夫妻債務(wù)承擔(dān)的觀點(diǎn)，為下文的分析、完善夫妻債務(wù)承擔(dān)問題提供理論基礎(chǔ)。 第二章主要通過對我國相關(guān)規(guī)定進(jìn)行評析，指出立法、司法中存在的問題。分為兩部分：第一部分通過對現(xiàn)行立法中有關(guān)夫妻債務(wù)承擔(dān)的相關(guān)規(guī)定以及夫妻間內(nèi)部追償?shù)南嚓P(guān)規(guī)定進(jìn)行評析，指出現(xiàn)行立法中存在的問題；第二部分通過具體案例的形式指出因?qū)嶓w法的不足所引發(fā)的法律實(shí)踐問題。 第三章是分析域外對此問題的相關(guān)規(guī)定，指出其可供借鑒之處。通過介紹國外一些國家立法中，有關(guān)夫妻共同債務(wù)的承擔(dān)、有關(guān)夫妻個人債務(wù)的承擔(dān)、有關(guān)夫妻共同債務(wù)和個人債務(wù)并存時的承擔(dān)順序、有關(guān)夫妻個人財產(chǎn)與共同財產(chǎn)之間的追償?shù)南嚓P(guān)規(guī)定，綜合各國的立法特點(diǎn)并對其加以分析評述，從中總結(jié)出其給予我們的啟示。 文章的最后一部分主要是結(jié)合前人的研究成果，借鑒域外立法經(jīng)驗(yàn)給予我們的啟示，對夫妻債務(wù)承擔(dān)規(guī)定進(jìn)行思考總結(jié)，提出一定的完善建議。
[Abstract]:China is now in a period of rapid development of the market economy, and families are also frequently participating in market economic activities with the development of the economy. The forms of possession of property between husband and wife are diversified, and the reasons and forms for both sides of the couple or one of them to borrow money. The nature of the marriage law has also become more complicated. The current Marriage Law in China pays more attention to the problem of the attribution of marital property. However, during the marriage relationship, one or both of the husband and wife are involved in daily life, production and operation. Consumption and other activities and the third party between the debt generated between the relevant provisions are not perfect, which is not conducive to safeguarding the security of transactions, protect the legitimate rights and interests of creditors, but also conducive to the maintenance of marriage and family harmony, stability. In the academic field of our country, scholars have carried on the comparatively comprehensive thorough research to the husband and wife debt system, promoted the consummation and the development of the husband and wife debt system in our country, but the concrete research on the husband and wife debt undertaking problem is not much. On the basis of absorbing the previous research results and drawing on the foreign legislative experience, this paper discusses the definition of husband and wife debt and the problem of debt commitment, and analyzes the imperfections of the current legislation in our country. Then put forward the personal opinion of perfecting our country husband and wife debt undertaking problem. The main structure of this paper is as follows: in the introduction part, through a case, the author briefly points out the problems existing in the stipulation of husband and wife debt in the law of our country. Especially, it points out the necessity of further discussion on the imperfection of the current legislation on the recognition of husband and wife debt and the commitment of husband and wife debt. The first chapter summarizes the debt commitment of husband and wife. Focusing on the concept, nature and scope of two different kinds of debt, summed up the identification criteria of common debt of husband and wife, defined the division of husband and wife debt, and introduced the viewpoint of the scholars on the commitment of husband and wife debt. For the following analysis, improve the husband and wife debt commitment to provide a theoretical basis. The second chapter points out the problems in legislation and judicature by analyzing the relevant regulations of our country. It is divided into two parts: the first part points out the problems existing in the current legislation through the analysis of the relevant provisions of the current legislation on the debt commitment between husband and wife as well as the related provisions of internal recovery between husband and wife; The second part points out the legal practice problems caused by the deficiency of substantive law through the form of specific cases. The third chapter is to analyze the relevant provisions on this issue, pointing out that it can be used for reference. By introducing the legislation of some foreign countries about the commitment of the joint debt of husband and wife, the commitment of the personal debt of the husband and wife, and the order of the assumption of the joint debt and personal debt of the husband and wife, The relevant provisions about the recovery between husband and wife's personal property and common property, synthesizing the legislative characteristics of various countries and analyzing and commenting on them, summarize their enlightenment to us. The last part of the article is mainly based on the previous research results, draw lessons from the experience of foreign legislation to give us enlightenment, the husband and wife debt commitment provisions for reflection and summary, and put forward some suggestions to improve.
【學(xué)位授予單位】：華僑大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2014
【分類號】：D923.9
本文編號：2293473
[Abstract]:China is now in a period of rapid development of the market economy, and families are also frequently participating in market economic activities with the development of the economy. The forms of possession of property between husband and wife are diversified, and the reasons and forms for both sides of the couple or one of them to borrow money. The nature of the marriage law has also become more complicated. The current Marriage Law in China pays more attention to the problem of the attribution of marital property. However, during the marriage relationship, one or both of the husband and wife are involved in daily life, production and operation. Consumption and other activities and the third party between the debt generated between the relevant provisions are not perfect, which is not conducive to safeguarding the security of transactions, protect the legitimate rights and interests of creditors, but also conducive to the maintenance of marriage and family harmony, stability. In the academic field of our country, scholars have carried on the comparatively comprehensive thorough research to the husband and wife debt system, promoted the consummation and the development of the husband and wife debt system in our country, but the concrete research on the husband and wife debt undertaking problem is not much. On the basis of absorbing the previous research results and drawing on the foreign legislative experience, this paper discusses the definition of husband and wife debt and the problem of debt commitment, and analyzes the imperfections of the current legislation in our country. Then put forward the personal opinion of perfecting our country husband and wife debt undertaking problem. The main structure of this paper is as follows: in the introduction part, through a case, the author briefly points out the problems existing in the stipulation of husband and wife debt in the law of our country. Especially, it points out the necessity of further discussion on the imperfection of the current legislation on the recognition of husband and wife debt and the commitment of husband and wife debt. The first chapter summarizes the debt commitment of husband and wife. Focusing on the concept, nature and scope of two different kinds of debt, summed up the identification criteria of common debt of husband and wife, defined the division of husband and wife debt, and introduced the viewpoint of the scholars on the commitment of husband and wife debt. For the following analysis, improve the husband and wife debt commitment to provide a theoretical basis. The second chapter points out the problems in legislation and judicature by analyzing the relevant regulations of our country. It is divided into two parts: the first part points out the problems existing in the current legislation through the analysis of the relevant provisions of the current legislation on the debt commitment between husband and wife as well as the related provisions of internal recovery between husband and wife; The second part points out the legal practice problems caused by the deficiency of substantive law through the form of specific cases. The third chapter is to analyze the relevant provisions on this issue, pointing out that it can be used for reference. By introducing the legislation of some foreign countries about the commitment of the joint debt of husband and wife, the commitment of the personal debt of the husband and wife, and the order of the assumption of the joint debt and personal debt of the husband and wife, The relevant provisions about the recovery between husband and wife's personal property and common property, synthesizing the legislative characteristics of various countries and analyzing and commenting on them, summarize their enlightenment to us. The last part of the article is mainly based on the previous research results, draw lessons from the experience of foreign legislation to give us enlightenment, the husband and wife debt commitment provisions for reflection and summary, and put forward some suggestions to improve.
【學(xué)位授予單位】：華僑大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2014
【分類號】：D923.9
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