Research On Agency System Of Daily Family Affairs

The agency system of daily family affairs refers to a system that when a spouse in a marriage conducts a transaction with a third party, he or she can deal with their common property on behalf of the other party without his or her empowerment or authorization, and then the transaction results take legal effects to the 2 couples. The nature of the Agency System of Daily Family Affairs is a special legal representation, it is an important kind of spouse right and it is formed on the basis of husband and wife relationship. After the nature of daily family agency is confirmed, the rules of agency, implied agency and authority by appearance for instance, can be applied in it.The theory point of the Paper lies in that: in double perspectives of marriage law and contract law. It focuses on the argument of the importance of set up of the Agency System of Daily Family Affairs, which is the value of the Agency System of Daily Family Affairs on the balance of interests between property rights of spouse and bona fide third. It also illustrates how it operates to embody the value of balancing. The agency system of daily family affairs originated from the system in ancient Roman Law that Pater familias's represent family members. It was the legislative technical modifications which enlarge Filiusfamilias and Filiafamilias'power to deal with the family property; It was then modified and imitated by many countries, and forms to be an unique system. The main content of the system is that husband an wife enjoy mutual authority of agency, they can both perform civil act outside in the domain of daily affairs, and the results of agency should be on the burden of both parties. The nature of the Agency System ofDaily Family Affairs is a special legal representation; it is formed on the basis of husband and wife relationship. In the procession of agency of daily affairs, one party needn't get the other party's authority or approval.From the comprehensive perspectives of marriage law and contract law, we can conclude the importance of the set up of the Agency System of Daily Family Affairs in details. The authority of agency of daily affair is a kind of spouse right in nature. According to the spouse right, the property right of a spouse must be safeguarded, however, according to contract law, especially its principle of freedom of contract and privity of contract,the interests of bona fide third must be safeguarded, i.e. it is to ensure transaction security. Hence, the conflict of the 2 kinds of interests comes into appearance. The value of the Agency System of Daily Family Affairs is to balance the interests conflict.The operation of the Agency System of Daily Family Affairs enables to fulfill the function of balancing the conflict on the issues of disposition of the common property of spouses and the interests of bona fide third.The effect of agency of daily affairs includes internal effect and external effect. The former focuses on the joint liability on the agency affairs between the spouses. The latter focuses on protection of the interests of bona fide third, i.e. the application of implied agency. The subject of authority of agency of daily affairs is the defined in the spouses who are in legal marriage relationship. The affairs should be limited in the daily affairs. It can be performed in the name of each and both. The elimination of authority of agency of daily affairs can be divided into permanent elimination and temporary elimination according to the effect, and it may cover the elimination for the end of marriage, the elimination for the restriction of authority of agency, and the elimination for one party's fault. When one party abuses the authority of agency of daily affairs, the authority should be restricted to protect the other party's property interests and transaction security.By other's faults, wise men correct their own. Comparison of the legislative practices of the Agency System of Daily Family Affairs among home and abroad can help to better the system in China. The system is regulated among America, UK, Germany, France, Switzerland, and Japan. The regulations on the subject, domain of application, application of joint liability, restriction on the authority of agency, and the protection of the 3rd party may be beneficial to our country.The system doesn't reflect on the legislation of China, it should be regulated in the marriage law, when marriage law is modified. Thus to better marriage and family law system in China.The basic feature of the whole paper is its double views of contract law and marriage law. And in the double views, it elaborates, analyzes, compares and proves the Agency System of Daily Family Affairs.