夫妻日常家事代理的反思

Reflections on Couples’ Daily Family Agency

摘要: 在特定历史时代背景下出现的日常家事代理制度，并没有达到保障交易安全、维护婚姻家庭的双重目的。日常家事代理制度自动将夫妻双方变成连带债务人，非但破坏了债的相对性，使该制度成为债权人的“便车”；也过度保护债权人，破坏了家庭的和睦。此外，对日常家事代理性质的划分也仍存在问题。如果无法找出该制度的新进路，则对其存废仍需进一步思考。

Abstract: The daily family agency system that appeared in the context of a specific historical era did not achieve the dual pur-pose of ensuring the safety of transactions and maintaining marriage and family. The day-to-day family agency system automatically turns both spouses into joint and several debtors, not only un-dermining the relativity of debts, but making the system a “free ride” for creditors; it also overpro-tects creditors and undermines family harmony. In addition, there are still problems with the de-marcation of the nature of day-to-day family affairs. If a new approach to the system could not be identified, further thought was needed on its survival.