夫妻共同债务视域下日常家事代理制度探析  

Analysis of Daily Family Affairs Agency System from the Perspective of Husband and Wife Joint Debt

作　　者：刘菲杨 

机构地区：[1]大连理工大学,辽宁 大连

出　　处：《法学（汉斯）》2023年第2期313-319,共7页Open Journal of Legal Science

摘　　要：随着《民法典》的颁布,旨在便于夫妻共同生活,维护效益安全的日常家事代理权制度第一次正式出现在大众视野当中。回顾历史发展过程,日常家事代理权制度似乎一出现就与夫妻共同债务相伴相随,在保护交易安全与保护夫妻非负债方利益之间来回拉扯,双重目的同时实现难免存在困境。无论是在证成夫妻共同债务上,还是其自身行使范围、行使主体及行使效力上都有所疏漏。但从稳定交易大环境的整体利益视角看,或许已经是当今减轻繁琐的夫妻共同债务认定问题最好的出路,需要在现有规定上予以细化,杜绝日常家事代理权对婚姻家庭造成信用危机和潜在危害的可能性。With the promulgation of the Civil Code, the daily family affairs agency system, which aims to facilitate couples to live together and maintain efficiency and safety, officially appeared in the public view for the first time. Looking back at the historical development process, it seems that the system of daily family affairs agency has been accompanied by the joint debt of the couple since its emergence. It pulls back and forth between protecting the security of the transaction and protecting the interests of the non-debtor party of the couple. It is difficult to realize the dual purposes at the same time. There are some omissions in the joint debt of the husband and wife, as well as in the scope, subject and effect of their exercise. However, from the perspective of the overall interests of the stable trading environment, it may be the best way to reduce the cumbersome identification problem of joint debt between husband and wife. It is necessary to refine the existing provisions to put an end to the possibility of daily family affairs agency causing credit crisis and potential harm to marriage and family.

关 键 词：日常家事代理权 夫妻共同债务 交易安全 民法典 

分 类 号：D92[政治法律—法学]