On the Definition of the Scope of"Family Daily Life Needs"in Folk Lending
The daily household agency system regulated by"Civil Code"provides a clear legal basis for resolving controversial marital debt issues in practice,but it does not make clear provisions on the scope of"family daily life needs",increasing the risk of non debtor spouses bearing huge debts.The definition of the scope of"family daily life needs"in private lending cases should adhere to a comprehensive theory of subjective and objective standards.Firstly,three special situations should be excluded,and then the per capita disposable income level of residents in cities(districts)and counties should be used as the objective measurement standard.Finally,the subjective intention,external expression behavior,the possibility of the principal benefiting from both spouses should be examined,and whether the third party has fulfilled the duty of careful review,in order to achieve the goal of promoting family convenience and maintaining transaction safety through the daily household agency system.
private lendingfamily life daily needsfamily affairs agency
NETL
NSTL
万方数据
