How To Establish The Basic Frame Of Legislation For The Agency System Of Daily Household Affairs In China

The agent right of daily household affairs is a basic right derived from the spouse rights. However,it can't be found in"Marriage Law"of China. The intent of the thesis is to grope for the suitable agency system of daily household affairs in China.The first part talks about the historical evolution, terminology definition, significance and nature as well. This section is the base of the thesis. It is an important system used to standardize the conjugal relation in the traditional relative law. It is different from the general agency right. It can satisfy the requirement of the marriage life, and safeguard the business of property and the interests of the third party. Its meaning changes gradually with the changes of times. The thesis particularly introduces the discussion about its legal nature. By analyzing the supporting reasons , author puts forward the statutory attorney right is rational in these theories ,and gives the support of the following study.The second part is the emphases of the discussion. Correctly, author analyzes on form ,scope,effect,attention duties of the exercise of daily household affairs authority and so on. Because of the different bases of civil law system and common law system, there are different rules towards it. Firstly, Based on the special relationship between the agent and the principal, it does not necessarily points out who is regarded as principal depends on the concrete conditions. Secondly, At present, existing two major points: One is Daily household duties doctrine, thinking that the scope of daily household affairs power of attorney restricted in the basic necessities of life. The other one is Life needs doctrine, thinking that the scope may expand to the appropriate home life needs. The latter is better. A concrete judging should be made in combination with a special family situation. Thirdly, Both the husband and wife should pay more attention on the affairs when exercises the daily house-affair power of attorney, without abusing the power of attorney. Fourth ,it has both inward effect and outward effect. Couples should bear related responsibility to the family's debts from daily household affairs; The third part claims joint and several liability .Knowing nothing about the fact of abuse of power, the third part exercise his claims unlimited. Finally, when one of the spouses villates the other's property right by disposing their common propert of spouse, by abusing the power of attorney of housekeeping ,the law does endow the offended the remedy fight ,and lay property responsibility on the part. And the one having no fault does not bear joint and several liability.The third part is ultimate goal. The author talks about the historical evolution and values in china. The drafting of the Civil Code will offer a rare opportunity for bettering the system on marriage and family (kinship) in our country. Based on the drafted Civil Code, this article explores how to perfect the basic frame of legislation for the agency system of daily household affairs. At the end, the paper put forward some legislative advice relevant to the system.The last part attempts to carry on precedent interpretation and different views of scholars at home and abroad to practical problems of agent system, and raises discussion about its assumption from two real cases in China. As for the separation after wedding, it is considered that there is no existence of the daily household affairs representative right between the couple. It is not suitable to exist the daily house affairs representative right between the couple. During the separation, the wife or the husband is not willing to share all the house affairs; and objectively, each indeed has not shared them. However, according to the different situations in practice, the rule may be flexible.