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我国现行《婚姻法》及司法解释并没有明确规定夫妻一方侵权之债的性质为夫妻单方债务还是夫妻共同债务,理论界和实务界对这一问题分歧颇多。本文先论述夫妻一方侵权行为之债的基本理论,总结理论界和实务界对这一问题的不同观点并加以评析,对我国现行与夫妻一方侵权行为之债性质认定相关的立法进行梳理并加以评析,最终以深入的理论研究为基础,构建一套合理且具体的性质认定规则。
The current “Marriage Law” and judicial interpretation in our country do not clearly stipulate that the nature of the debt of one of the spouses is the unilateral debt of husband and wife or the common debt of husband and wife. There are many differences between the theoretical and practical circles on this issue. This article first discusses the basic theory of the debt of one side and the other side, sums up the different views of the theoretical and practical circles on this issue and comments on it, and then reviews and comments on the existing legislation on the nature of the debt of one of the spouses in China Finally, based on in-depth theoretical research, a set of reasonable and specific rules for the determination of nature is established.