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目前,我国关于夫妻共同债务的研究更多地局限于对现行法律和司法解释的注释和归纳,处于规定不统一,法律适用混乱的阶段。夫妻共同债务是夫妻财产制度中的重要组成部分,在加大对夫妻财产权利静态确认与保护时,缺少对夫妻履行财产义务的动态调整,直接影响到交易安全和社会稳定。本文将对夫妻共同债务,尤其围绕我国婚姻家庭中的夫妻共同债务制度展开进一步论述。尝试对夫妻共同债务的概念、特征、界定等进行系统梳理与探究,以期对我国夫妻共同债务制度形成全面的认识,提出完善我国夫妻共同债务制度的若干建议。
At present, the research on the common debt of husband and wife in our country is more limited to the annotation and induction of the current law and judicial interpretation, which is in the stage of inconsistency of provisions and the confusion of law application. The common debt of husband and wife is an important part of husband and wife property system. When increasing the static identification and protection of the property rights of husband and wife, the lack of dynamic adjustment of husband and wife to fulfill their property obligations has a direct impact on transaction security and social stability. This article will further discuss the common debt of husband and wife, especially the common debt system of husband and wife in the marriage and family in our country. At the same time, it attempts to systematically sort out and explore the concept, characteristics and definition of the common debt of husband and wife, with a view to forming a comprehensive understanding of the common debt system of husband and wife in our country and putting forward some suggestions on how to perfect the common debt system of husband and wife in our country.