关于夫妻共同债务的认定.pdfVIP

夫妻共同债务推定制度；从制度层面建立夫妻债务认可制度、分居债务制度、采取夫妻 约定财产公示制度和增补夫妻日常家事代理权制度。 结论部分主要介绍根据夫妻共同债务认定的原则，结合本文据以引用的案例对其进 行分析，得出案例所争议的债务应属于夫妻个人债务。同时，根据我国现行婚姻法的立 法现状，以期完善夫妻共同债务认定制度，为司法实践中层出不穷的夫妻共同债务纠纷 起到更多的制度保障。 关键词：夫妻共同债务；推定规则；认可制度；公示制度；日常家事代理权 Abstract Due to the development of the economy, for the current debt of husband and wife that presents the trend of diversified and complicated, these caused a lot of controversy in theory and practice.This article with examples as foothold, to explore the related issues of debt as husband and wife, put forward some proposals to perfect our couple debt system, in order to have certain reference significance. Paper is divided into introduction, body, conclusion three parts. The introduction part mainly introduced in this paper writing purpose and significance. Husband and wife together debt system is an important system of marriage and family legislation in our country.Because our country marriage legislation imperfect couple debts that provisions,so the cognizance of the current legislation about husband and wife together debt dont meet the needs of judicial practice,and trigger a more controversial, it is not conducive to maintain the legal authority and unity, so should be further perfect. The text in the following sections: The first part mainly introduces the basic situation of the case, the main focus of controversy and disagreement of cases, to draw out the theme of this paper to analyze. The second part mainly introduces the concept and characteristics of joint debt. The cognizance of the joint debt, not only to consider the timeliness, objectivity and also consider the protection for the interests of the third person.Joint debt characteristics include: look from the main body is a specificity, can only be dealt w