摘要： 夫妻共同债务适用“时间”推定规则的法理基础是民法共有理论。婚姻关系存续期间夫妻一方以个人名义所负债务，凡债权人有理由相信举债是为夫妻共同生活或具有夫妻合意的，应当推定为夫妻共同债务。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，或者能够证明夫妻对于婚姻关系存续期间所得的财产约定归各自所有，且第三人知道该约定的除外。

关键词: 夫妻共同债务, 推定规则, 家事代理权, 表见代理

Abstract: The legal basis of applying the“time”presumption rule on the joint debt of husband and wife is the theory of joint ownership in civil law.During the existence of the marriage, if either the husband or wife files a claim for a personal debt in the name of one party, the debt shall be treated as a joint debt of the husband and wife if the creditor has reasons to believe that the debt is for common life or is incurred under the consensus of husband and wife, unless either the husband or wife is able to prove that the creditor and debtor have clearly stipulated it as a personal debt or to show they come to an agreement that the property incurred during the existence of marriage to be owned by each party if the creditor has the knowledge of the said agreement.

Key words: Joint Debt of Husband and Wife, Presumption Rule, Agent Power of Family Affairs, Agency by Estoppel