A Research On The Agent Right To The Daily Domestic Homework

The agent right to the daily domestic housework refers to when the couple has a legal interaction with the third party, and one of the couple has the right of representing his /her spouse. A number of countries have made specific interpretations of their own on this civil legal system which originated from ancient Rome. With the development of the market-oriented economy, there is an increasing exchange among the people, including the interactions of civil legal rights. Since both the parties in marriage relations attach more and more importance to their own rights and the third party also try his/her best for a better result, it is urgent and also necessary to consummate the agent right system to the daily domestic housework of our country. Because of this, mainly from the legislative perspective and also with the current situation of our country taken into consideration, this thesis proposes some legislative suggestions with the methodology of comparing analysis, comparing both the domestic and foreign legal systems in this regard. The paper is divided into four parts.Part-1 Introductions of the concept, nature of the agent right to the daily domestic housework and its scope of usage. Provided with an review of the origin and the stages of development of the agent right to the daily domestic housework, the author explains that the development of this right is in line with the progress of the society, economy, culture and people's ideals, which provides the historical evidence for establishing this particular system in the current stages of development in china. Then different opinions in defining the nature of this right in the current academic field are introduced from a theoretical perspective. This thesis agrees that the agent right to the daily domestic housework is a special form of legal agent, limited only to the daily domestic housework, excluding real properties, divided payments for purchasing properties with great values and some other businesses related very much to the person his/herself.Part-2 Specific illustrations of the principles, the main body, the form and the efficacy of the agent right to the daily domestic housework. In practicing the agent right to the daily domestic housework, the couple is obliged to deal the business as if it is of their own and the misuse of the right should be avoided and in the meantime it should be in accordance with other laws. Considering the current legislative situation of our country, the agent right to the daily domestic housework should and can only applied between legally married couples. Since the obligation of the right designed in the system should be shouldered by both the husband and wife and accounts for only daily domestic housework, it is not necessary to have it defined strictly whether it is in the name of the husband or the wife or both. As for the legal agent, both the husband and wife should bear the joint and separate responsibility. However, when this right is misused by the agent, there are two possibilities in force ad effect: if the agent's power of agency is retroactively recognized later by the other party in the couple or it is in line with the conditions of apparent agent, then the agent right legal consequence is effective; if the counterpart withdraw the right or the other party of the couple refuse to ratify it, there is no agent right legal consequences.Part-3 The illustrations of the restrictions of the agent right to the daily domestic housework and its excluding reasons and methods. The civil laws of continental law system usually prescribes that one party of a couple can limit the use of agent right of the other party on the condition that one misuses the right or fail to use the right because of illness and it should not be used to against the third party acting in good faith. There are usually three ways of restrictions, i.e. registration, publication, and notification. It is usually required that the third party should acknowledge it. The way of registration should be put into public by the administrative department in charge and it can be used against the third party with good intentions. Except all this and if it is only with internal restrictions without telling the third party, it cannot be used to against the third party acting in good faith.Part-4 With the current matrimony condition of our country, some legislative suggestions are proposed in order to explain the necessities and deficiencies lies in our legal system of the agent right to the daily domestic housework. Because of the numerous daily or routine domestic tasks to be dealt within marriage life, a couple is indeed in need of mutual agency, therefore, this right is not only in line with the real intention of the parties but also in the interest of the third party and the security of civil business. The current marriage law has not defined explicitly the agent right to the domestic housework, which is only mentioned in the judicial interpretation of the Supreme Court. However, the regulation seems inadequate and needs to be improved. For instance, the judicial interpretation has stated that either party has the decisive right to deal with the communal property of the couple in dealing with daily domestic housework, which means that either party of the marriage has the agent right in dealing with communal property, however, it does not make clear is that whether the parties in the marriage still enjoy the agent right in other circumstances. Besides, the judicial interpretation also does not explicitly made clear is that the restrictions of the agent right and its excluding reasons and methods as well as the efficacy of the third party and the separate responsibility of the couple.In the conclusion part, the author proposed some suggestions in order to improve the system of agent right to daily domestic housework in the marriage law base on the notion of discovering and analyzing those problems. Firstly, the agent right should be the inherent right of marriage and it should be defined in the rights and obligations of the married couple, which is the combination of marital status efficacy and property efficacy. No matter what kind of property system is adopted by the couple, they both can enjoy the agent right. Secondly, the regulation involving the restrictions and excluding factors of the agent right should be added. In practicing the agent right, the couple is obliged to deal the business as if it is of their own and the misuse of the right should be avoided. When one party of the marriage relationship misuse the agent right or fail the practice the right and it will do harm to the interest of another party, the agent right should be limited or denied if the other party claimed. What's more, in order to protect the third party acting in good faith, the agent right cannot be used to oppose the third party acting in good faith unless the restriction or denial of the agent right is restricted, published and notified. Thirdly, the property system of a married couple should be added. When there is a statutory cause and the couple has no intention to end the marital relationship, if one party of the couple or the creditor applies, the court can put the current property relationship into an end, thus the interest of the third party'who has the business relationship with the husband or the wife can be protected and the property right of the couple at no fault can be maintained. Fourthly, the system of prescription of time to the obligation should be established. When one party of the couple discover the other part misuses the agent right and it brings loses to oneself, the party with no fault should notify the third party or the counterpart with a business relationship within a prescription of time that he/she will bear no separate responsibility, otherwise it will be seen as a waiver of the right.