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《民法典》视野下夫妻共同债务清偿规则研究

Research on the Rules for the Repayment of Marital Debt under the Perspective of the Civil Code

Progress in Social Sciences / 2025,7(3): 237-242 / 2025-03-28 160 98

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• Authors: 李西贝     
• Information:

  上海政法学院，上海

• Keywords: Joint marital debts; Repayment rules; Civil code 夫妻共同债务；清偿规则；民法典
• Abstract: Since the promulgation of the Civil Code, scholars have gained new insights into the issue of the repayment of joint debts of married couples. The progress in research has clarified and refined the “joint signature for joint debts” issue. However, the deficiency lies in the absence of a clear and standardized rule for the repayment of joint debts of married couples. Under such circumstances, the practical judicial work is difficult to carry out, and the application of rules in similar cases is chaotic, leading to inconsistent final judgments. The root cause is the difference in the choice of interests and values. Therefore, it is necessary to formulate a more scientific and complete rule for the repayment of joint debts of married couples to ensure the balance between the interests of both spouses and those of creditors. The judicial practice can also have a clear and unified standard for reference, demonstrating the principles of judicial justice and fairness. The Civil Code is the main reference for the types of joint debts of married couples. Based on the relevant provisions in the Civil Code, the nature of the debt is understood. “Debts for common interests” are classified as joint debts; “debts based on common intention” are classified as joint and several debts. Based on this, the rule for the repayment of joint debts of married couples should be formulated. At present, in the domestic judicial practice, joint debts of married couples are classified as joint and several debts, and the understanding of such debts varies among courts in different regions. For the rule of the repayment of joint debts of married couples, it is necessary to clarify its nature first, and then gradually determine the scope of the responsible property and the order of repayment for this type of debt. 自《民法典》颁布以来，学者们对夫妻共同债务清偿问题有了新的认识。研究成果的进步让“共债共签”问题得到明确和细化，但不足之处在于尚未制定清晰规范的夫妻共同债务清偿规则，这种情况下实务审判工作进行困难，相同案件适用规则混乱，导致最终审判结果不一致。究其根本是因为利益价值选择差异，对此需要制定更为科学健全的夫妻共同债务清偿规则，以确保夫妻双方利益与债权人利益的均衡，审判实践工作也能够有一个明确而统一的标准作为参考，展现出司法公正与公平的思想原则。《民法典》是夫妻共同债务类型的主要参考，基于《民法典》中的相关规定理解债务性质，“共同利益型”债务属于共同债务；“共同意思表示型”债务属于连带债务，根据这一点制定夫妻共同债务清偿规则。现阶段国内审判实践过程中，夫妻共同债务被划为连带债务当中，各地法院关于此债务的认知情况也相差各异，对于夫妻共同债务清偿规则，必须要明确其性质，在此基础上逐步确定该债务类型的责任财产范围、清偿顺位等问题。
• DOI: https://doi.org/10.35534/pss.0703041
• Cite: 李西贝．《民法典》视野下夫妻共同债务清偿规则研究［J］．社会科学进展，2025，7（3）：237-242.