%0 Journal Article
%T 夫妻共同生产经营之债的认定——以连带债务为逻辑起点<br>The Identification of the Debts of the Joint Production and Operation of Spouses—Taking Joint and Several Debts as the Logical Starting Point
%A 张立仪
%J Dispute Settlement
%P 333-338
%@ 2379-3104
%D 2024
%I Hans Publishing
%R 10.12677/ds.2024.104236
%X 以清偿模式为锚点，夫妻共同生产经营之债的认定应摒弃理论界传统以构建“夫妻共同债务”为基础的“共同利益制”，按照现行法和审判实践主流观点明确举债方之配偶因对外承担连带责任。基于连带责任的严厉性，在共同经营之债的认定上必须采用严格标准，即夫妻双方需就成立该债务存在明确的内部合意，并且该债务确系用于生产经营活动为两项重要标准。在具体的商事场景下，往往以“共同参与”作为判断夫妻内部合意的外化标准，但会随商事场景的变化而发生些微的标准变更。<br />
Taking the repayment model as the anchor point, the recognition of debts related to the joint production and operation of spouses should abandon the theoretical tradition of building a “common interest system” based on “joint debts between spouses”, and clarify that the spouse of the debtor should bear joint and several liability for external reasons in accordance with current laws and mainstream judicial practices. Based on the severity of joint and several liability, strict standards must be adopted in the recognition of jointly operated debts, that is, both spouses need to have a clear internal agreement on the establishment of the debt, and the fact that the debt is used for production and business activities is two important criteria. In specific business scenarios, “joint participation” is often used as an external criterion to judge the internal agreement between spouses, but there may be slight changes in the standard with the changes in business scenarios.
%K 共同生产经营之债，清偿规则，认定标准<br>Debts of Joint Production and Operation
%K Rules for Repayment
%K Standards for Identification
%U http://www.hanspub.org/journal/PaperInformation.aspx?PaperID=85641