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夫妻一方作为一个独立的个体,可能会签订合同、买卖商品、办理借贷等,但是,他因此欠下的债务在绝大多数情形下会被认定为夫妻共同债务。《婚姻法司法解释(二)》第24条中规定:“债权人就婚姻关系存续期间夫妻一方以个人名义所负债务主张权利的,应当按夫妻共同债务处理。但夫妻一方能够证明债权人与债务人明确约定为个人债务,或者能够证明属于《婚姻法》第19条第三款规定情形的除外。”一直以来,社会上围绕第24条展开的争论从未停歇,有些无辜的人因此背上巨额债务,从而成立了“反24条联盟”。
As a separate entity, a spouse may sign a contract, buy and sell goods, borrow money, etc. However, the debt owed by him will, in the vast majority of cases, be deemed as a mutual debt of husband and wife. Article 24 of the Marriage Law Judicial Interpretation (II) states: “Where a creditor claims his debts in the name of an individual during the existence of the marriage, he shall handle the debts jointly with the husband and the wife, but the spouse and the debtor can prove that the creditor and the debtor have made it clear Unless otherwise agreed to be personal debts, or to prove that the ”Marriage Law,“ the third paragraph of Article 19 of the circumstances. ”There has been no social debate about Article 24 has never stopped, some innocent people therefore carry a huge debt , Which set up a “anti-24 Union ”.