Research On The Regime Of Domestic Agent Right Of The Couple

The right agent of the day-to-day couples has been concerned widespread. How to define the nature of the proxy and the scope of dealing with property relations between husband and wife and the third parties interests, however, our laws in this area is blank. By the quotation and analysis of the western's law system and the civil law legal system, the theory inquiry of the question that the husband and wife on the day-to-day family agents, so this passage tries to make recommendations to the China's law designation of Chinese legislation ,in order that law rules can benefit from that.In this paper, the content is divided into five sections.The first part of this article is that the concept, nature and characteristics about the husband and wife in day-to-day family agent.The power of agent for family day-to-day couples, also known as the power of agent for day-to-day affairs or agents of family, is the spouse with the family on the third day-to-day affairs for a certain legal acts, enjoy another deputy's rights, one of the spouse's act are regarded both spouses' meaning that the two sides take responsibility on the consequences of the acts.The second part is that through the investigation of agent system by the composed cohabitation relations. We put forward that as the result of the conflict between legislation and practice in China, then results the phenomenon that the same type cases have different outcomes.The third and fourth parts mainly tell that the value function and the scope of application of day-to-day family agency system. Acting of the day-to-day family should be the scope of legal representation according to their property. The occurance of family day-to-day agent is based on the husband and wife as a special identity, is the law to reduce the ecxessively detailed of daily lives for husband and wife on the issue of authorization to each other ,so as to facilitate the couple to live together, and to reduce the relative risk of husband and wife with one transaction, and maintain the security of and transaction.Family day-to-day proxy system has four functions: First of all, it is an important measure to maintain the security of transactions and protect the interests of third parties; Secondly, the family day-to-day proxy is the legal requirements of husband and wife live together and the necessary guarantee of smooth progress of life between husband and wife; Thirdly, the design of family day-to-day proxy meet the couple's real will and common interests; Fourth, Family day-to-day proxy system will help make up for the defect in existing Chinese laws relating to the relationship between husband and wife property.Family day-to-day proxy contains the following four aspects: Firstly, to maintain the normal running of life among family members about the affairs' agent. Secondly,to the development for family members and individual's agent. Thirdly, to benefit purely for the benefits of family members' act. Fourth, the family members agree clearly that can be applied to other daily matters' agent.The power of agent for family day-to-day couples of the right to exclude agents mainly include the followings: First, the exclusive personal behavior; second, more risky behavior; third, with the real estate or large movable property related to some acts;Fourth, other matters; the agreement that husband and wife agreed certainly not suitable to apply to day-to-day affairs agency should be within the limit that the third person is known.Acting abuse and over right and the consequences are two: firstly, the legal consequences that have the right to agent. One such agent, once ratified by the spouse ,it can produce the legal consequences that have the right to agent; Second, this type of agent, the Agency applies to the relevant regulation to protect the interests of the third parties. Third, the conduct of the subject matter for the real estate, property rights relating to the application of the principle of public credibility. (2) the legal consequences that have no right to agent. This is the case who acts the right to withdraw or spouse refuse to ratify .The last part comes up with a proposal that the review of China existing legislation and the perfect of China's day-to-day family law system: First, clear day-to-day family's main agent; Second, clear that day-to-day family agent as a naturally effectiveness of marriage, of course, the effectiveness of the husband and wife should be required in the rights and obligations; Third, clear the scope and the exclusion of day-to-day family ; Fourth, we should definite clearly in the law that the abuse and overpower of family agent should take certain responsibility.