To Discuss The Right Of Daily Family Representative

"The right of Daily family agent" steps from ancient Roma. At that time women must be under control of their husbands and their personality will be reduced, which makes them lose the right of full civil rights. At that time the law and the society agree the wife's right of daily family agent, so that wives can manage the family and persist the normal life of the family. "The right of family agent" is a qualification which the married women have in the family management especially in the aspect of property family management. Along with the development of society and women's liberation , the law of marriage and family regulates "women's right of daily family agent" to "couple's right of daily family agent" in many countries. After the World War II, the opinion of couple's right of daily family agent is agreed gradually. In the contemporary law society, the couple enjoys the equal right of the law in the family life so that the expression of "family agent" loses the bases of the orient social relation. Now the theorist thinks that "the right of Daily family agent" can not well express the law feature in the behavior of dealing with the common property, because the couple needs the equal right of family management, but the agents can not share the one entity right. The behavior feature and the legal consequence of "the right of Daily family agent" is included in the "people's representative". "The equal dealing" represents the right of daily family agent, but the right of couple agent is suitable in the area of the common property that is not needed in the daily life. Chinese interpretation of marriage law Article 17, paragraph 1 regulates "wife or husband has the equal right in dealing with the common property that is needed in the daily life and any of the parties can make the decision in dealing with it.". This regulation expresses the feature of the right of the daily family agent which is absolute in the law effectiveness. Article 17, paragraph 2 regulates "when the couple needs to make the important decision in the common property that is not needed in the daily life, they shall discuss to make the one opinion. ".This means the right of couple agent which is suitable to the rules of people's representative. Distinguishing the differences between the right of daily family representative and the right of couple agent can not only protect the common property but also guide the couple to exercise their rights and undertake their obligations rightly. And also it has the law effect in the reasonable qualitative of dealing with the common property, in the right judgement in the right of the daily family agent and the right of couple agent and in the quarrel of dealing with the common property.