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签字认可配偶借款要承担还款责任吗？_我的网站

名侦探的守则

一 | AI摘要闽侯法院审结一起金融借款纠纷，认定配偶在借款及抵押文件上签字并同意以共同财产担保，可推定具备共同借款合意，构成夫妻共同债务，需承担共同还款责任。

China US Photo:VCGAmerican scientists have voiced opposition to a proposed rule which seeks to ban federal funding for US science collaboration with China, saying that it would instead hurt US interest, the Washington Post reported on Tuesday. Chinese experts also warned that the slew of US restrictions on China-US scientific cooperation is unlikely to deal a fatal blow to China's scientific development, but could instead backfire on the US.
The proposed Office of Management and Budget (OMB) rule, set to take effect in December, would mark one of the biggest overhauls of US science funding in decades, giving political appointees greater authority over grant awards previously guided by scientific peer review and requiring that they "advance the President's policy priorities," according to the Washington Post.
It would also effectively expand the 2011 Wolf Amendment, which bars scientists from using NASA funding for bilateral collaborations with China, to all federal agencies and scientists receiving federal funds, marking the largest break in US-China scientific engagement in decades, the US media outlet reported.
So far, the proposed rule has garnered nearly half a million public comments, many from scientists and leading US science bodies. A Washington Post analysis of 50,000 of those comments found that around 88 percent were negative.
The rule, initially set to take effect in October, was pushed back to December after a bipartisan stopgap funding bill temporarily halted its adoption. Unlike the Wolf Amendment, the rule does not require congressional approval to take effect.
"I do think there are still members of Congress who think we have a monopoly on knowledge. They think we're still in the Cold War Soviet era ... where we were ahead in most areas of science and technology. That is not the case with China. We are no longer the leader in many areas of science," said Tobin Smith, senior vice president for government relations and public policy at the Association for American Universities, which advocates on behalf of leading US research universities, per the Washington Post.
Scientists warn that the rule risks subjecting long-term scientific research to four-year political cycles. "We will not succeed if with every new administration we are ping-ponging back and forth about priorities," the American Association for the Advancement of Science said in a blistering comment, urging the administration to withdraw the rule. "Fast-tracking such profound changes ... hands an easy victory to nations like China," it said, the Washington Post reported.
This reflects a fundamental divide between the US government and the scientific community over how science should develop, Wang Yiwei, a professor at Renmin University of China's School of International Studies, told the Global Times. He noted that politicians tend to believe that suppressing China as a competitor would allow the US to preserve its market dominance and technological edge.
Scientists, however, tend to follow a different logic, as scientific progress depends on openness, exchanges and collaboration. If science and technology are driven solely by competition and private capital, with the ultimate goal of maintaining technological monopolies, this could create greater risks and ultimately undermine US interests as well, Wang said.
The proposed rule change is the latest salvo in a broader battle in Washington over how to respond to China's rise as a scientific superpower. In July, the US National Science Foundation (NSF) also moved to ban collaborations between scientist it funds and many Chinese research institutions and their employees, according to Science magazine.
Liu Shaoshan, director of the Center for Embodied AI at the Shenzhen Institute of Artificial Intelligence and Robotics for Society and a former US-based researcher, told the Global Times in a previous interview that the NSF's new proposed rules created a "talent wall," arguing that restrictions based on nationality, institutional affiliation, and research partnerships could reduce the global talent pool available to the US, weaken its ability to attract leading scientists, and slow scientific innovation.
Liu also said scientific advancement relies not only on discovery but also on the exchange, validation, and dissemination of knowledge.
Wang also said China has built significant strengths through its vast pool of scientists and engineers, complete industrial chains and massive application scenarios, while increasingly moving from application-oriented innovation toward original research. Against this backdrop, US technological blockades and restrictions on cooperation are unlikely to halt China's progress, but could instead isolate American scientists from China's latest research and collaboration opportunities. Such an approach could also prevent the two countries from leveraging their respective strengths and ultimately undermine US competitiveness, Wang said.
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二 | 近日，闽侯法院审结了一起金融借款合同纠纷案，明确配偶在借款、抵押相关文件中签字认可债务、同意以夫妻共同财产担保的行为，可推定具备共同借款合意，依法构成夫妻共同债务。 2019年6月，阿强（化名）向银行申请贷款，妻子小丽（化名）在借款申请表配偶声明栏填写信息并签字。次年7月，阿强与银行签订授信、抵押合同，以自有房产办理贷款抵押，小丽再次在抵押合同配偶栏签字，确认知晓合同约定、同意以夫妻共同财产承担担保责任。

三 | 后续银行依约放款，2022年双方补充签订授信使用合同细化借款细则。贷款到期后，阿强未按期履约还款，银行催收无果，将夫妻二人诉至法院，要求他们共同偿还本息。法院经审理后认为，案涉借贷、抵押合同合法有效，阿强逾期还款已构成违约，理应承担还款责任。同时，小丽作为配偶，先后在借款申请表、抵押合同中签字，明确知晓借款事宜且自愿以夫妻共同财产为债务担保，该行为属于对案涉借款的事后追认，足以推定其具备共同借款合意。因此，案涉债务属于夫妻共同债务，小丽需承担共同还款责任。案例点睛民法典第1064条规定了较为典型的3种夫妻共同债务情形，即基于夫妻合意所负债务、债务用于家庭日常生活或用于共同生产经营、债权人能够证明系夫妻共同债务。其中基于夫妻双方合意所负债务，即“共债共签”或是事后追认，均体现了意思自治原则。除了夫妻一方作为共同借款人签字，明确表示对另一方的债务承担共同偿还责任外，若夫妻一方没有作为共同借款人签字，但能推定有共同偿还借款的合意，也应认定为夫妻共同债务。