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婚姻法解释二颁布之后,我国夫妻共同债务的问题得到了一些改观,相关的司法解释符合社会发展的要求,但是仍然存在一些问题。首先理论上没能分析夫妻共同债务的复杂关系,导致在实践上认定夫妻共同债务仍然存在很大困难,此外还存在举证责任分配不合理的问题。从我国实际情况出发,结合国外的先进立法经验,建议通过健全夫妻债务约定登记或公证制度的方式,以及限制共同债务的合同自由的途径来解决我国夫妻共同债务方面存在的问题。
After the promulgation of the interpretation of Marriage Law, the issue of the common debt between husband and wife in our country has got some improvements. The related judicial interpretation accords with the requirements of social development, but there are still some problems. First of all, the inability to analyze the complex relationship between husband and wife’s common debts theoretically led to the fact that it is still very difficult to find the joint debts of husband and wife in practice. In addition, there is an unreasonable burden of proof. Based on the actual situation in our country and combining with the advanced legislative experience abroad, it is suggested to solve the problems existing in the joint debts of husband and wife by improving the methods of registering or notarizing the debts of husband and wife and limiting the contractual freedom of common debts.