非婚同居中的家务劳动补偿请求权

The Right to Claim Compensation for Doing Housework during Cohabitation without Marriage

我国《民法典》婚姻家庭编规定了夫妻一方因在家务等方面付出较多义务,在离婚时享有请求另一方给予相应补偿权利的家务劳动补偿制度。与婚姻相似的家庭性别角色分工同样存在于非婚同居关系中,法律作为利益平衡的产物,不得偏重某项特定价值,包括同居者在内的所有自主选择生活方式者的利益都应获得相对平衡。通过司法解释将家务劳动补偿请求权类推适用于非婚同居者,并以家务经济补偿制度作为同居协议的补充,在特性的范围内对家务劳动者进行适当补偿既正当又可行。非婚同居家务劳动补偿标准应以家政服务人员平均工资为补偿基准,并结合同居者双方获益水平和受益方现有给付能力等参考因素设定;非婚同居家务付出一方的家务劳动补偿请求权不可因过错而被全部否定,应依据家务劳动者付出大小,在适用家务补偿制度之外参照我国《民法典》第1091条离婚损害赔偿的规定,对无过错一方进行适当赔偿。

The Civil Code of China(the Section of Marriage and Family)provides for a system of compensation for doing housework,in which either spouse taking on more housework has the right to claim corresponding compensation from the other party at the time of divorce.The division of family labor between genders in the marriage also exists in the cohabitation without marriage.Law,as a result of balanced interests,must not put an emphasis on a particular value,so the interests of all those who autonomously choose their own ways of life,including cohabitants,should be respected in a relatively balanced way.It is legitimate and feasible to endow mutatis mutandis the right to claim compensation for doing housework with cohabitants without marriage through judicial interpretation and to use the system of economic compensation for doing housework as a supplement to the cohabitation agreement to give suitable compensation to the one doing more housework within a limited compensation scope.The standard of compensation for doing housework during the cohabitation without marriage should be based on the average salary of home support workers and established according to reference factors such as beneficiary levels of both cohabitants,the beneficiary's current ability to pay.The right to claim compensation for doing more housework during the cohabitation without marriage should not be completely denied on the ground of fault.The non-defaulting party should be compensated appropriately according to the seriousness of the fault of the one doing more housework,by referring to the provisions on damages in divorce set forth in Article 1091 of the Civil Code(the Section of Marriage and Family)in addition to the system of compensation for doing housework.