【线上云德】疫情期间律师说（一百三十七）┃民法典婚姻家庭篇中重点法条解读

众所周知《中华人民共和国民法典》将在2021年1月1日起实施，其中的婚姻家庭编有几条是做了重大修改，从立法价值方面来讲，《民法典》婚姻家庭篇体现了保护婚姻家庭关系，维护婚姻家庭稳定的理念；在具体制度方面，《民法典》婚姻家庭篇，增加了有关近亲属与家庭成员、日常家事代理、亲子关系的确认与否认、婚内析产、登记离婚审查期等制度，修改了婚姻无效和无撤销的和可撤销的情形等。其中关于婚姻效力、婚内析产、离婚财产分割是非常重要的修改。

It is well known that the Civil Code of the People's Republic of China will come into effect on January 1, 2021, and several articles on marriage and family have been significantly amended. From the perspective of legislative value, the marriage and Family section of the Civil Code embodies the concept of protecting marriage and family relations and maintaining the stability of marriage and family. In terms of specific systems, the marriage and family section of the Civil Code adds systems related to the confirmation and denial of close relatives and family members, daily family affairs agency, parent-child relationship, property analysis within marriage, examination period of registration for divorce, etc., and modifies the invalidation, non-revocable and revocable situations of marriage. Among them, marital validity, marital property analysis and divorce property division are very important modifications.

在婚姻无效条款中删除了原《婚姻法》中的“婚前患有医学上认为不应当结婚的疾病，婚后尚未治愈的。”该目的是避免对患病人群的歧视，婚姻自由，只要双方都同意结婚，那就应当是合法婚姻。并且还增加了新的规定“一方患有重大疾病的，应当在婚姻登记前如实告知另一方。不如实告知的，另一方可以向人民法院请求撤销婚姻。”该条款首次规定了夫妻双方婚前告知义务，保障夫妻另一方的知情权。防止因为婚后病发给另一方带来过重的抚养义务。以及骗婚等道德风险。值得注意的是，《民法典》婚姻家庭编中还赋予了婚姻无效或被撤销的无过错方赔偿请求权。

In the marriage invalidation clause, the original marriage Law was deleted, "those who suffered from diseases that are not medically recognized as worthy of marriage before marriage and have not been cured after marriage". The aim is to avoid discrimination against the sick and to have the freedom to marry, which should be legal as long as both parties agree to marry. It also added a new stipulation that "if one party suffers from a serious illness, the other party shall be informed of it truthfully before marriage registration. If not, the other party may apply to the people's court for annulment of the marriage." For the first time, the article stipulates the duty of pre-marital notification for both parties to protect the other party's right to know. To prevent the other party from incurring an excessive duty of support due to marital illness. And moral hazard such as deceitful marriage. It is worth noting that the marriage and family code also gives the no-fault party the right to claim compensation if the marriage is invalid or revoked.

对于夫妻共同债务的认定，《民法典》婚姻家庭编中吸收了最高人民法院司法解释的规定，以立法的方式确立了夫妻共同债务共签制度，规定了夫妻共同债务认定的举证责任分配。具体为，夫妻双方共同签字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。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，视为共同债务。

As for the determination of the joint debts of husband and wife, the Marriage and Family Code has absorbed the provisions of the Supreme People's Court's judicial interpretation, established the joint signing system of the joint debts of husband and wife by means of legislation, and stipulated the distribution of the burden of proof of the joint debts of husband and wife. Specifically, the debts incurred by both the husband and the wife in their joint declaration of intention, such as their joint signature or ratification by one of the husband and wife afterwards; And the debts incurred by one of the husband and wife for the daily needs of the family in the name of the individual during the existence of marriage belong to the joint debts of the husband and wife. If the creditor can prove that the debt is used for the husband and wife to live together, produce and operate together or is based on the mutual expression of will of the husband and wife, it shall be deemed as a joint debt.