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中华人民共和国民法典上一条 中华人民共和国民法典目录

  第一千零六十三条 下列财产为夫妻一方的个人财产:
Article 1063
The following property constitutes separate property of one of the spouses:
  (一)一方的婚前财产;
(1) premarital property of one spouse;
  (二)一方因受到人身损害获得的赔偿或者补偿;
(2) compensation or indemnification received by one spouse for injury inflicted upon him;
  (三)遗嘱或者赠与合同中确定只归一方的财产;
(3) property that belongs to only one spouse as specified in a will or gift contract;
  (四)一方专用的生活用品;
(4)articles exclusively used by one spouse for daily life; and
  (五)其他应当归一方的财产。
(5) other property that shall be owned by one spouse.
  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
Debts incurred according to the common expression of intent of both spouses, such as a debt jointly signed by both spouses and a debt signed by one spouse and subsequently ratified by the other spouse, and debts incurred by one of the spouses in his own name during the marriage to meet the daily needs of the family, constitute community debts.
  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。
A debt incurred by one of the spouses in his own name during the marriage in excess of the daily needs of the family is not a community debt, unless the creditor can prove that such debt is incurred for the purpose of providing for both spouses’ daily life or for the production and operation jointly conducted by both spouses, or such debt is incurred according to the common expression of intent of both spouses.
  第一千零六十五条 男女双方可以约定婚姻关系存续期间所得的财产以及婚前财产归各自所有、共同所有或者部分各自所有、部分共同所有。约定应当采用书面形式。没有约定或者约定不明确的,适用本法第一千零六十二条、第一千零六十三条的规定。
Article 1065
The spouses or a man and a woman in anticipation of marriage may agree that their premarital property and the property to be acquired by them during their marriage may be owned by them separately or jointly, or partially owned separately and partially owned jointly. The agreement shall be in writing. Where there is no agreement or the relevant agreement is unclear, Articles 1062 and 1063 of this Code shall apply.
  夫妻对婚姻关系存续期间所得的财产以及婚前财产的约定,对双方具有法律约束力。
The agreement on their premarital property and the property acquired during the marriage is legally binding on both parties to the marriage.
  夫妻对婚姻关系存续期间所得的财产约定归各自所有,夫或者妻一方对外所负的债务,相对人知道该约定的,以夫或者妻一方的个人财产清偿。

Where the spouses agree that the property acquired during the marriage is to be owned by them separately, a debt incurred by one of the spouses shall be paid off with his separate property to the extent that the third person concerned is aware of such an agreement.

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