婚姻法不宜设定以夫妻共同财产清偿共同债务

在离婚案件中,对夫妻共同债务偿还问题处理得好坏,直接关系到债权人的合法权益能否得到切实的保障。现行婚姻法所规定的以夫妻共同财产清偿共同债务的做法不妥,这一规定在司法实践中易产生多种问题。事实上,像财产可以分割一样,共同债务也可以分割给离婚双方,由其各自单独承担相应债务。

Paying off Common Debts with Property Shared by Both Husband and Wife:Not Advisable

In divorce cases, paying off husband and wife's debts has to be properly handled since it directly relates to the guarantee of the creditor's rights. The regulation of the current marriage law that the debts shall be paid with property shared by husband and wife tends to result in many problems in judicial practice. The author argues that like separation of propert, the common debts can also be cut apart to both sides each of whom will undertake the corresponding debts.