| 摘要: |
| 配偶财产利益受损的典型场景是夫妻一方单独处分共同财产及将共同财产用于夫妻债务清偿。实体法上，当夫妻一方以低价或无偿方式处分共同财产时，需要结合具体情况分别适用恶意串通、婚内析产和悖俗无效规则对配偶利益进行救济。当夫妻对外负债时，针对责任财产范围和清偿顺序，应当结合债务产生原因及配偶是否从中获益进行分类。程序法对配偶利益保护的侧重点在于配偶如何参加诉讼。配偶能够作为无独立请求权第三人或有独立请求权第三人参加诉讼，并适用《民法典》第1060条和第1064条建立起“主张抗辩再抗辩”的证明责任规范体系。执行程序中，在交易相对人要求移转占有或变更登记共同财产时，配偶只有在非因自己过错、未能参与前诉时，才能提起执行异议，并启动第三人撤销之诉。在债权人要求夫妻一方偿还个人债务或共同债务时，法院无须追加配偶为被执行人，得直接执行共同财产。如果配偶接受夫妻一方转让或赠与特定财产且未完成对外公示时，其在符合特定条件时，配偶持有的财产权可以对抗执行债权，并排除法院强制执行。 |
| 关键词: 内外归属方案 配偶利益 实体法和程序法双重视角 夫妻共同财产 夫妻债务 |
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| Protection of Spousal Property Interests in Terms of Substantive and Procedural Perspectives ——Take the Disposition of Joint Property and the Settlement of Marital Debts as Typical Scenarios |
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Wang Yang & Jiang Huiwen
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| Abstract: |
| This paper selects two typical scenarios: one where one spouse disposes of joint property independently, and the other where joint property is used to settle marital debts. In terms of substantive law, when one spouse disposes of joint property at a low price or for free, the property interests of the other spouse are at risk of being damaged. Therefore, it is necessary to apply the rules of collusion, the provision of marital property division, and the invalidity due to breach of the public order and good morals according to specific circumstances. When a spouse is indebted to the creditor, the scope of responsible property and the order of repayment should also be determined in conjunction with the cause of the debt and whether the spouse benefits from it. The procedural law focuses on the process of litigation participation rather than on the conclusion regarding the protection of the spouses interests. A spouse may participate in the litigation as a third party without independent claims or as a third party with independent claims and applies Articles 1060 and 1064 of the Civil Code which establish a normative system of “claim defense rebuttal”. In the process of civil enforcement, when a counterparty requests the transfer of possession or the change of the registration of joint property, the spouse can only raise the objections to the enforcement and initiate a lawsuit for the action of revocation if they were not at fault and did not participate in the prior litigation. When a creditor requests one spouse to repay personal debts or joint debts, the court does not need to add the other spouse as a person subject to the enforcement and can directly seize and liquidate the joint property. If the spouse accepts a gift or transfer from the other spouse without public summons, the property right held by the spouse may contest the creditors claims and exclude the enforcement under specific conditions. |
| Key words: The Internal and External Ownership Scheme, Spouse Interests, Perspectives from Substantive and Procedural Law, Disposition of Marital Community, The Settlement of Marital Debts |
