Research On The Establishment Of The Agency System About Daily Household Affairs

With the booming of china's market economy, market transaction is getting more and more frequently. There are more and more phenomena which is one of the spouses needs to made civil legal actions with a third man, and deals with the property common to the spouses or the property owed to one of them for the daily needs of a family. However, when a husband or a wife act his or her spouse to do civil legal actions, he or she is not authorized mostly. so it causes a lot of problems. Such as, whether the agency of a spouse is valid or not, and who will responsible for the consequence of this agency, and so on. Nevertheless, there is still no effective rules about it according to our current legal rules and regulations. So, it is very necessary for us to establish the agency system about daily household affairs in the legislation of family laws. In this paper the author defined the agent right of daily household affairs, expounded the nature of it, and pointed out a lot of inconvenience in the absence of the agency system about daily household affairs. Based on it, the author detailed the relevant provisions of the civil law and the common law. Benefited from the advanced experience of them and combined our nation's conditions, the author offered feasible proposals for setting up the agency system about daily household affairs.