论法律相关长难句翻译

论离婚时对婚内债务清偿的法律问题

On marriage, divorce, debt service on the legal issues

内容摘要

Abstract

《婚姻法》对于夫妻***同财产与个人财产的部分叙述非常详尽，但对于夫妻***同债务与个人债务的概念却不十分明确。

"Marriage Law" for the couples joint property and personal property of some very detailed description, but the husband and wife together debt and the concept of personal debt is not very clear.

近年来，假借离婚以逃避债务的现象时有发生，常常是夫妻双方在民政部门协议离婚或者到法院调解离婚，在离婚协议中约定，由一方偿还债务，而主要财产却归另一方所有。

In recent years, the name of a divorce in order to evade the debt is a frequent phenomenon, often couples in civil affairs departments or divorce agreement to divorce court mediation, agreed in the divorce agreement, to repay debt from one party and the main property to the other side is all.

对此，司法实践中较多是通过诉讼程序宣告离婚协议中有关财产处理的条款无效，理由是该约定侵害了第三人（债权人）的合法权益。我认为，这种处理方式值得商榷。本文首先结合一些典型的案例，并分析其提出问题；然后介绍如何区分夫妻***同债务和个人债务，并对离婚中夫妻对婚内债务清偿应遵循的基本原则原进行了论述；最后，对***同债务和个人债务的清偿方法进行分析,并结合财产清偿中的几个常见问题进行了进一步的阐述。

The judicial practice of more through divorce proceedings declared in the property deal with the terms of invalid on the grounds that the agreement against a third person (the creditors) the legitimate rights and interests. I think that this approach is open to question. In this paper, with some typical cases and analysis of their questions and then on how to distinguish between husband and wife together debt and personal debt, divorce and the husband and wife in marital debt settlement should follow the basic principles of the original were discussed; Finally, the common debt And personal debt settlement methods for analysis and settlement of property in a few common issues further elaborated.

关键词：(Key words:)

离婚:Divorce

婚内债务:Marital debt

债务清偿:Debt Settlement