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在民间借贷案件中,以往裁判多倾向于按照夫妻一方对借款关系的自认以及相关司法解释规定,确认该债务成立并判决由夫妻一方或双方归还。本案处理则突破前例,对还款诉请全面驳回,并认为“自认借款成立的夫妻一方,因其与出借人对此并无争议,其可自行向出借人清偿,法院对此不予处理”。本案裁判确属难能可贵,故最高人民法院将此案例作为公报案例予以发布。
In private lending cases, the referee in the past tend to tend to confirm the debt established and sentenced to be returned by one or both of the spouses, according to the self-identification of the spousal relationship between the spouses and the relevant judicial interpretations. The handling of this case breaks through the previous case and sues for replying to the repayment repayments in full and holds that “[i] n the spouse that established itself as a borrower has no dispute with the lender that it may pay itself to the lender, deal with”. The verdict of the present case is indeed commendable, so the Supreme People’s Court will publish the case as a communique.