第三人干擾婚姻關係之民事責任──以性自主權與「配偶權」之衝突為中心

The Civil Liability of a Third Party Interfering with a Marriage Relationship: Centered on the Conflict Between Sexual Autonomy and“Spousal Rights”

過往第三人干擾婚姻之行為必須負起民刑事責任，然自從司法院釋字第791號解釋宣告通姦罪除罪化後，對於婚姻體制之本質也產生變化，性自主權的提升也導致配偶權之弱化，本文從臺北地方法院兩個民事判決作為實務見解之變革，及日本見解之轉變，認為第三人干擾婚姻不應以其侵害配偶權即認定侵權行為成立，而應考量其主客觀之情況，並利用善良風俗及情節重大為調整，原則上第三人對於干擾婚姻不負擔賠償之責，僅有在特殊事實認定第三人具有高度惡意迫使夫妻不得不離婚時，才應負損害賠償之責。

In the past, third parties who interfered with marriage had to bear civil and criminal responsibilities. However, since the Judicial Yuan’s Interpretation No. 791 declared the crime of adultery to be decriminalized, the nature of the marriage system has changed. Moreover, the improvement of sexual autonomy has also led to weaken spousal rights. This article firstly takes the two civil judgments of the Taipei District Court as a change in the practical view and refers to the change of view of Japan. Then it concludes that whether the third party who interferes with the marriage shall be liable for the damage of spousal rights shall be considered under subjective and objective circumstances and the virtue of good customs. Basically the third party who interferes with marriage doesn’t hold the responsibility for the damage of spousal rights. However, the third party should be liable for the compensation when he or she has high hostility towards the couples’ marriage and is accountable for the couple’s divorce.