日常家事債務と生活文化 : 生活文化の視点から判例を読む

概要

論文の詳細を見る
Art. 761 of the Civil Code provides that husband and wife are jointly liable when either of them incurs debts in relation to daily household matters. Daily household matters include the purchase of every day goods, contracts for medical treatment, contracts for education, domestic rent and so on. For example, if a full-time homemaker wife, without discussing the matter with her husband, purchases a sofa for the family living room and dose not pay the bill, the furniture store can sue him for paying it. However, it is not always easy to judge whether a juristic act is included in daily household matters. It depends on the circumstances of the couple and another ones (objective circumstances). The former circumstances are, for example, the occupation and the property of the couple. The latter ones are, for example, the custom of the community which the couple belong to, and the nature of the juristic act. Generally, the purchase of household effects is included in daily household matters, if they are popular. The percentage of popularity (wide use) is one of the objective circumstances, and is relative to the culture which has developed in our daily life (we can call it the culture of daily life). This suggests to us that it is useful to take account of the culture of daily life on the occasion of judging whether a juristic act included in daily household matters.
実践女子大学の論文
2002-03-29