夫妻共同债务认定规则研究

Research on the Recognition Rules of Joint Debt between Husband and Wife

摘要: 共同意思表示是私法自治在我国夫妻共同债务领域的体现，解释论下夫妻共同债务可分类为意思表示型和举债用途型，意思表示型共同债务可借助法律行为理论解决，举债用途型共同债务采客观判定方法。立法以合同纠纷为视角设计夫妻共同债务规则，但在侵权纠纷中不能直接援引相关规定，若夫妻一方的侵权行为系因家庭劳动、经营等符合家庭利益的活动产生，则应认定为夫妻共同债务，除此都不应该认定为共同债务。夫妻共同债务应当优先以共同财产偿还，并非连带责任。

Abstract: The expression of common intention is a manifestation of private law autonomy in the field of joint debt between spouses in China. Under the interpretive theory, the joint debt of spouses can be classified into two types: meaning expression type and borrowing purpose type. The expression of intention type joint debt can be solved through the theory of legal acts, and the purpose of borrowing type joint debt adopts an objective judgment method. Legislation designs joint debt rules for spouses from the perspective of contract disputes, but relevant provisions cannot be directly invoked in infringement disputes. If one party’s infringement behavior is caused by activities that are in line with the interests of the family, such as family labor and management, it should be recognized as joint debt of the couple, otherwise it should not be recognized as joint debt. The joint debts of spouses should be repaid with common property as a priority, rather than joint and several liability.