Study On Agent Right Of Daily Household Matters

This thesis is mainly about the legal system of the agent right of daily household matters in marital law. Nowadays, the goods exchanges triggered by market economy, with the husbands and wives property system again establishment, the legal system of the agent right of daily household matters is concerned. The author wanted to express my own views, and expected that is helpful to the legislation consummation.In the first part, the meaning, nature and the applicable scope of the agent right of daily household matters are elucidated. First, the agent right of daily household matters dated back to Roman Law, and were inherited by capitalized states. Its meaning has been changing with times gradually. Next, this thesis introduces the related regulations of the nature of the domestic affairs, and the scholar's stand on this issue. The author's standpoint is that the daily domestic affairs are in the domain of legitimate agent. Once more, this thesis elucidates the scope of the right of the daily domestic affairs apply. It is not easy to understand for the daily domestic affairs because of the different areas, social and economic conditions.In the second part this thesis mainly focuses on the execution of the right of the daily domestic affairs. First, the scope of the right of the daily domestic affairs in Continental law system is smaller than that in English America legal system. Next, this thesis points out the principles of the daily domestic affairs by comparing the application of the right of the daily domestic affairs with the general right of agent. Once more, the author analyses the executive pattern on the agent right of daily household matters. Finally, it is the analysis on legal consequence when the agent made mistake.The third part elucidates the reason and way of the discipline on the agent right of daily household matters. Its reason is agent right abusing and unable to exercise regularly. Therefore limiting to the agent right of daily household matters does not have to resist third person who has the good intentions.The fourth part elaborates the fallback and improvement about the agent right of daily household matters in our country marriage legislation. Suggests as follows:Firstly, the author suggested that it was necessary to add the stipulation on the agent right of daily household matters in new "Marital law". And, the legislation should differentiate the agent right of daily household matters between the agent right of significant household affairs. At the same time, should build the husbands and wives joint and several liabilities the stipulation additionally.Secondly, the scope of daily household matters is very difficult because the daily family affairs involve many types. And that could be different for various family life levels. Therefore the author suggested that the scope of daily household matters should not make the specific stipulation. The suggestion is using the legislation pattern of "enumerating the type+ abstract stipulation + removing items".Thirdly, the marital law should stipulate the agent right of significant household matters besides the agent right of daily household matters.Fourthly, it should build the stipulation about the limit or removes of the agent right of daily household matters.Lastly, a spouse party does not have the agent right (including the agent right of daily household matters and significant affairs) when he cumulates with the third party, his behavior is inefficient act. We can apply the related regulation in "General provisions of the civil law". But if the third person really has the reason to believe that he has the agent right, this behavior is effective to the other spouse. The other spouse should not resist the third parry with good intentions by not knowing or not agreeing.