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夫妻一方在分居期间所负的债务

2018/1/22 0:49:58      点击:
Separation is a common problem in the marriage life of our country. Separation can happen because of the unilateral meaning of a party, or due to the agreement between the two sides. Separation is the change in the state of life or the way of life, not the nature of the marital relationship. Even after two years of separation, it is only recognized as the reason for the fact that the couple's feelings have been broken. Our country has not established a strict separation system between husband and wife. Whether the property during separation is husband and wife's personal property and whether the debt during the separation is personal debt has not been clearly recognized by law in China. The author believes that the actual situation of separation should be treated differently. Is not completely broken but because of work, health care, children's education, training and other objective causes the separation between husband and wife for couples or couples are good, management, during the separation period using married income property, should be recognized as the common property of the couple, which occurs in the period in one or both for living, learning, medical care, training and other reasons the debt of conjugal debt; the husband and wife because of emotional or emotional deterioration has been completely broken and separated, resulting in the separation of property during the marriage of personal property, debt and personal debt to. Because in this case the separation, the subjective between husband and wife have lost the common life desire, objectively has ended the common life of the state, and thus lost the basis and conditions for the establishment of the joint property of husband and wife, the couple's economic relations has been interrupted, one of the spouses property income has not to the interdependence of the premise in fact, the property has been in a state of separation, the formation of two independent economic subject of life, although the two sides are still the relationship between husband and wife, but this is just the identity relationship, and the two sides also lost each other basic and necessary chores agency. Therefore, the debt of one party in this case belongs to the personal debt of the husband and wife. 分居现象在我国的婚姻生活中是一个较常存在的问题,分居可因一方的单方意思所发生,也可因双方的合意而形成。分居是夫妻生活状态或生活方式的变化,而不是夫妻婚姻关系的性质发生变化。即使分居满两年,也只是作为认定夫妻感情确已破裂的理由来得到法院的认可,我国并没有建立严格意义上的夫妻分居制度。分居期间的财产是否为夫妻的个人财产,分居期间所负的债务是否为个人债务,在我国并没有得到法律的明确认可。 笔者认为,应就分居的实际情况来区别对待。对于夫妻感情良好或夫妻感情并没有完全破裂而是因为工作、医疗、子女就学、培训等客观事由引起的夫妻两地分居,在分居期间分别管理、使用的婚后所得财产,应认定为夫妻共同财产,在分居期间一方或双方因生活、学习、医疗、培训等原因所发生的债务为夫妻共同债务;对于夫妻因感情恶化或感情已经完全破裂而分居的,在分居期间所得的财产为夫妻个人财产,所负债务为夫妻个人债务。因为在此情况下的夫妻分居,主观上夫妻间已经丧失了共同生活的愿望,客观上已经结束了共同生活的状态,从而失去了建立夫妻共同财产的基础和条件,夫妻双方的经济关系已经中断,夫妻一方的财产收入已不以双方相互依存为前提,所得财产事实上已经处于分离状态,形成了两个独立的经济生活主体,虽然双方仍是夫妻关系,但这只是是身份关系而已,而且双方也彼此丧失了家事代理的基础和必要。因此,此种情形下的夫妻一方债务属于夫妻个人债务。