金华要债公司探讨股权转让形成的债务是夫妻共同债务吗
2022/11/23 20:54:53 点击：
夫妻在境外经营公司时，在公司经营过程中变更股权、转让或转让股权。但因出资或其他问题，其出资不实、不到位。债权人要求配偶承担连带责任是否合理？股权转让形成的债务是夫妻共同债务吗？
When a couple operates a company overseas, they change, transfer or transfer their equity in the course of the company's operation. However, due to the investment or other problems, the investment is not real or in place. Is it reasonable for creditors to ask their spouses to bear joint and several liability? Is the debt formed by equity transfer the joint debt of husband and wife?
咨询问题：股权转让形成的债务是夫妻共同债务吗？
Consultation question: is the debt formed by equity transfer the joint debt of husband and wife?
律师解答：律师解答
Lawyer's answer
婚姻关系存续期间的债务原则上为夫妻共同债务。但股权出资所承担的债务超过家庭日常生活的，不属于夫妻共同债务。债权人主张属于夫妻共同债务的，有举证责任证明该债务用于夫妻共同生活、共同生产经营，或者基于夫妻共同意志的表达。
In principle, the debt during the marriage is the joint debt of husband and wife. However, if the debt of equity contribution exceeds the daily life of the family, it does not belong to the joint debt of husband and wife. If the creditor claims that the debt belongs to the joint debt of husband and wife, it shall have the burden of proof to prove that the debt is used for the joint life, production and operation of husband and wife, or based on the expression of the joint will of husband and wife.
在实践中，判断其是否属于夫妻共同债务的关键是用于家庭生活还是夫妻共同经营，需要根据具体案例和证据收集情况来判断。
In practice, the key to judge whether it belongs to the joint debt of husband and wife is to use it for family life or joint operation of husband and wife, which needs to be judged according to specific cases and evidence collection.
夫妻关系存续期间，一方以自己名义转让股权，另一方不知道该股权转让并从中受益，转让的股权不用于夫妻共同生活的，股权转让产生的债务，不作为夫妻共同债务。
During the duration of the relationship between husband and wife, if one party transfers its equity in its own name, and the other party does not know about the equity transfer and benefits from it, and the equity transferred is not used for the husband and wife to live together, the debt arising from the equity transfer shall not be regarded as the joint debt of the husband and wife.
法律依据：
Legal basis:
《民法典》第一千零六十四条夫妻双方共同签名或者夫妻一方事后追认等共同意思表示所负的债务，以及夫妻一方在婚姻关系存续期间以个人名义为家庭日常生活需要所负的债务，属于夫妻共同债务。
Article 1064 of the civil code of the people's Republic of China, the debts incurred by both husband and wife by their joint signature or the subsequent ratification of one husband and wife, as well as the debts incurred by one husband and wife in their personal name for the daily needs of the family during the duration of the marriage relationship, belong to the joint debts of husband and wife.
夫妻一方在婚姻关系存续期间以个人名义超出家庭日常生活需要所负的债务，不属于夫妻共同债务；但是，债权人能够证明该债务用于夫妻共同生活、共同生产经营或者基于夫妻双方共同意思表示的除外。
Debts incurred by one of the husband and wife in his personal name in excess of the needs of the family's daily life during the duration of the marriage relationship do not belong to the joint debts of the husband and wife; However, unless the creditor can prove that the debt is used for the couple's common life, production and operation or based on the expression of the couple's common will.
xxxx律师分析：
Lawyer analysis:
在现实生活中，债权人可以要求债务人夫妻共同签字确认债务人夫妻是否同意举债，但一方当事人没有办法为夫妻共同生活或生产举债。债权人举证困难，导致许多共同债务无法认定。
In real life, the creditor can ask the debtor's husband and wife to sign together to confirm whether the debtor's husband and wife agree to raise debt, but one party has no way to raise debt for the couple's life or production. It is difficult for creditors to provide evidence, which leads to many common debts can not be identified.
用于违法行为的债务不是夫妻共同债务
The debt used for the illegal act is not the joint debt of husband and wife
一方因赌博、吸毒所借债务，不用于夫妻共同生活和家庭生活，属于一方不合理的个人支出，不属于夫妻共同债务的范围。因此，应由债务人本人承担，另一方配偶不承担还款责任。
The debt borrowed by one party due to gambling and drug abuse is not used for the couple's common life and family life, which belongs to one party's unreasonable personal expenditure and does not belong to the scope of the couple's common debt. Therefore, it should be borne by the debtor himself, and the other spouse should not bear the responsibility of repayment.
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