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婚内约定由个人承担的债务

2018/1/22 0:45:31      点击:
 正如婚前个人债务可以通过约定而使之成为夫妻共同债务一样,夫妻在婚姻关系存续期间因共同生活所负的共同债务也可以约定为个人债务。但是,这种约定不得以逃避债务为目的,否则该约定是无效的。而且,夫妻将共同债务约定为个人债务的效力只对夫妻双方内部而言,该约定不能对抗第三人,除非有证据证明第三人明知或同意该约定。如果有证据证明第三人明知或同意该约定,夫妻仍应就该债务承担连带清偿责任。Just like premarital personal debt can be made by agreement and become a common debt of husband and wife, the husband and wife can also be stipulated as personal debts during the duration of marriage. However, this Agreement shall not be aimed at evading debt, otherwise the agreement is invalid. Moreover, the husband and wife agree on the common debt as the effect of personal debt. For the couple, the agreement can not fight against third people unless there is evidence that third people know or agree to the agreement. If there is evidence that the third party knows or agrees with the agreement, the husband and wife shall still be liable for the joint liability in connection with the debt.