摘要
夫或妻个人所负侵权之债原则上属于夫妻个人之债,应以个人财产偿还,在与夫妻共同生活利益相关时属于夫妻共同债务,应当以夫妻共同财产偿还。在夫妻对外关系中,非侵权配偶方在共同财产范围内负连带责任;在夫妻对内关系中,非侵权配偶方应当以基于婚后所得共同制而获得对方的财产为限承担清偿责任,采“限定继承”的逻辑,以受益为限,超出部分在婚姻关系结束时可以向侵权行为方请求补偿。对于夫妻一方所负侵权之债清偿制度设计,既要坚持侵权责任法自己责任原则,又要兼顾夫妻共同体的特殊性。对被侵权人的救济,不可因侵害人的婚姻状态而使其处于更优或更劣地位;赋予非侵权配偶方补偿请求权,旨在不让婚姻沦为风险之选择。
In principle,the infringing debts of the husband or wife are the debts of the husband and wife.They should be repaid by personal property.When they are related to the interests of the husband and wife,they belong to the joint debt of the husband and wife and it should be repaid by the joint property of the husband and wife.In the foreign relations of husband and wife,the non-infringing spouse party shall be jointly and severally liable within the scope of the joint property;in the relationship between husband and wife,the non-infringing spouse party shall bear the responsibility for liquidation within the limits of obtaining the property of the other party based on the common system of post-marriage income.The logic of “limited inheritance” is limited to the benefit,and the excess may request compensation from the infringing party at the end of the marriage relationship.For the design of the insolvency settlement system for the infringement of the spouse,it is necessary to adhere to the principle of responsibility of the tort liability law and the special nature of the husband and wife community.Relief for the infringed person shall not be better or worsened by the infringer's marital status;the non-infringing spouse's right to claim compensation shall be given to prevent the marriage from becoming a risk choice.
作者
郑炜
Zheng Wei(School of Law,Zhongnan University of Economics and Law,Wuhan 430073,China)
出处
《中南财经政法大学研究生学报》
2019年第1期124-130,共7页
Journal of the Postgraduate of Zhongnan University of Economics and Law
