Research On The Judicial Application Of The Rules For Conjugal Debt Of Daily Household Agent

The right of daily family agency refers to the right of husband and wife to act as agents for daily family affairs during the marriage relationship,and the husband or wife can act on behalf of the other party for certain civil acts within the scope of daily family affairs.The daily family agency type joint debt of husband and wife is based on the daily family agency system,emphasizing the consequences of this system in the field of joint debt of husband and wife,that is,the debt borne by the daily life needs of the family should be recognized as the joint debt of the husband and wife,and the husband and wife bear the joint responsibility for the settlement of such debts.The establishment of the daily family agency type husband and wife joint debt rule has the significance of improving transaction efficiency,maintaining transaction security,protecting marriage and family,etc.,and analyzing and interpreting the problems existing in its judicial application is conducive to the rule to better play its value in handling the internal relationship between husband and wife and the relationship between husband and wife outside and third parties.Article 1060 of the Civil Code,which is currently in force in China,establishes for the first time in the form of legislation the daily family agency system,which has the following characteristics: first,it breaks through the autonomy of will,especially the principle of contractual relativity;Second,not all civil legal acts fall within its scope;Finally,the subjects of the right are relative,including both the wife and the husband.At the same time,Article 1064 of the Civil Code,after receiving the relevant content of the Interpretation of the Supreme People’s Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Husband and Wife Debts,reiterates the relevant consequences of the daily family agency system in the direction of joint debts of husband and wife.The proportion of cases related to joint debts of husband and wife in judicial practice has increased significantly since 2018,and some written or unwritten standards for amount and use have gradually formed in practice,and there are situations where they are mixed or parallel with other recognition standards.At present,there are mainly the following problems in the application of the rules for the determination of joint debts of daily family agency couples in China to judicial practice: First,the burden of proof for the use of the debt involved in the case is not clearly distributed,and the core of the identification of the daily family agency type husband and wife joint debt is to look at the use of the debt,and the ascertainment of the use is inseparable from the reasonable allocation of the burden of proof,and unreasonable distribution will lead to unclear facts and unclear truth;Secondly,the scope of daily family affairs is not clear,so the scope of representation is also in a state of ambiguity,resulting in different courts having different standards and opinions.Third,the criteria for determining the joint debt of daily family agency couples include measuring the size of the debt,but this standard sometimes makes some courts rely too much on this standard to determine the nature of the debt.Finally,there are different views in judicial practice on whether tortious debts caused by daily acts should be included in the scope of daily family agency type husband and wife debts.In view of the above problems,this paper puts forward the following suggestions: first,adjust the allocation of the burden of proof,increase the burden of proof of the borrower,and use the favorable position of the parties to the marriage relationship and the lending relationship to find out the purpose of the debt;Secondly,clarify the criteria for determining the joint debts of husband and wife of daily family agency,and take into account the relationship between each standard in judicial practice from the three perspectives of amount,use and necessity;Third,it lists matters that do not fall within the scope of daily family affairs,including acts involving the disposal of large amounts of real estate and movable property,investment behaviors with greater risk,and personal spiritual and cultural entertainment consumption.Finally,it emphasizes the fact that tort debts caused by daily acts are illegal and punitive,and proposes that such debts should not be considered as daily family agency type husband and wife debts in judicial practice.