論夫妻共同債務“時間”推定規則

On the 'Time' Presumption Rule of Joint Debt of Husband and Wife: Analysis of Article 24 of the 'Marriage Law Interpretation II'

夫妻共同債務適用“時間”推定規則的法理基礎是民法共有理論。婚姻關係存續期間夫妻一方以個人名義所負債務，凡債權人有理由相信舉債是為夫妻共同生活或具有夫妻合意的，應當推定為夫妻共同債務。但夫妻一方能夠證明債權人與債務人明確約定為個人債務，或者能夠證明夫妻對於婚姻關係存續期間所得的財產約定歸各自所有，且第三人知道該約定的除外。

The legal basis of applying the 'time' presumption rule on the joint debt of husband and wife is the theory of joint ownership in civil law. During the existence of the marriage, if either the husband or wife files a claim for a personal debt in the name of one party, the debt shall be treated as a joint debt of the husband and wife if the creditor has reasons to believe that the debt is for common life or is incurred under the consensus of husband and wife, unless either the husband or wife is able to prove that the creditor and debtor have clearly stipulated it as a personal debt or to show they come to an agreement that the property incurred during the existence of marriage to be owned by each party if the creditor has the knowledge of the said agreement.