일상가사대리권과 일상가사채무 연대책임과의 관계

• 영문명: The difference between the mutual agency of wife/husband and joint debt of household affairs in married life
• 발행기관: 한국가족법학회
• 저자명: 오병철(Byoung Cheol Oh)
• 간행물 정보: 『가족법연구』家族法硏究 第21卷 2號, 1~30쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.07.30

영문 초록

  From a viewpoint of comparative legal study, Korean civil law uniquely has provisions of mutual agency of wife/husband for family matters(section 827) and joint debt of household affairs(section 832). However the relation of those provisions still remains a problem under discussion, there are some opinions that they are indiscriminate or redundant. In my opinion, they are neither indiscriminate nor redundant for the reasons that ① the discrimination between mutual agency of wife/husband for family matters and joint debt of household affairs can be found in a judicial decision of korean supreme court, ② it is illogical to interpret section 827 as ‘representation’ in disregard of “agency” in a regal wording of the provision, ③ these provisions don’t have the relation of cause and effect, because joint debt of household affairs can raise in addition to mutual agency of wife/husband for family matters, ④ there are a peculiar function and an inherent sphere in each provision.

목차

Ⅰ. 서론
Ⅱ. 비교법적 고찰
Ⅲ. 기존 이론의 비판적 고찰
Ⅳ. 양 제도의 비교검토
Ⅴ. 결론
《참고문헌》

키워드

일상가사 일상가사대리 일상가사채무 일상가사책임 연대책임 표현대리 family matters household affairs mutual agency of wife/husband representation agency joint debt