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2012年,成都商报报道了一起海归女婚后两个月被丈夫负担500万债务的案件,原案之判决依据《婚姻法司法解释(二)》第24条成为争议焦点。该司法解释确定的夫妻共同债务推定规则过于笼统,给了不法分子借婚姻避债的机会。本文将以本案为出发点,考查该司法解释的理论基础,探讨解决同类问题的现行法方案,以及完善相关制度之可能。
In 2012, the Chengdu Commercial Daily reported a case in which her husband was the victim of 5 million debts two months after her return to a married woman. The original verdict was based on Article 24 of the Judicial Interpretation (II) of the Marriage Law as the focus of controversy. The judicial interpretation of the presumption of common debt between husband and wife rule is too general, gave the criminals the opportunity to borrow to avoid debt. This article will be based on this case as a starting point, examining the theoretical basis of the judicial interpretation, to explore the current law solution to similar problems, and to improve the possibility of the relevant system.