A Exploration On System Of Household Matters Authority

System of household matters authority, an institution of law which balances benefits between husband, wife and the third-party during the process of handling daily housework, is universally adopted by marriage legislations in various modern countries. Ever since a long time ago, marriage legislation in our country emphasizes too much on confirming and protecting static rights of couple's property, but pays less attention to dynamic specific operation of couple's property relation, and has not yet confirmed system of household matters authority. Therefore, matrimony parties have no idea how to do while handling couple's property relation; the court of law also lack definite and concrete legal grounds while judging property disposals and couple's debt discharging issues. Although academic circles of marriage jurisprudence in our country have been paying close attention to this institution for a long time, researches of scholars chiefly tend to conduct general system introduction to it, however, few made profound theory proofs on theory basis of institutionalization of household matters authority, and concrete system plans of agency of family affairs. In order to make up for a deficiency between the above-mentioned theory and legislation, this article attempts to conduct exploration and analysis on system of household matters authority from 4 aspects: history evolvement and nature of connotation of agency right of family affairs, theory basis of institutionalization, specific content, legislation defects and system construction of agency right of family affairs in our country.The first part makes a general summary on agency right of family affairs. The author analyzes evolving process of nature of agency right of family affairs from an angle of history, pointing out that agency right of family affairs went through housework appointing system in period of ancient Rome, to system of household matters authority of the wife in modern continent law series, and to development of system of household matters authority shared by couples in modern continent law series, which reflects society development and human progress. And then it summarizes that nature of agency right of family affairs, in modern law, is a legal qualification shared by couples by which they, in scope of daily housework, can act the third-party and themselves, or the other side and the third-party to conduct a certain legal behavior, whose legal consequences are under couple's joint responsibility. Moreover, agency system which is formed due to cohabitation relationship in British and American law series, and system of household matters authority in continent law series, although their approaches are different, the results are excellent. After that, the author further summarizes and analyzes all kinds of recognitions about nature of agency right of family affairs of scholars from different countries, which can be mainly concluded as 4 viewpoints: appointing theory, legal dealership theory, special type agency theory, special system theory. Nevertheless, the author, essentially speaking, identifies with the view that agency right of family affairs is one opinion of legal dealership, and believes that agency right of family affairs has double matrimony effects status and property.The second part makes an exhaustive analysis on theory basis of institutionalization of household matters authority. As for it, the author, from angles of science, sociology, economics and law etc, probes into theory basis of institutionalization of household matters authority, pointing out that there are scientific, social, economic and legal theory basis for different countries, in modern times, to conduct institutionalization of household matters authority, which means upgrading agency of family affairs to complete institution of law system is in need of guaranteeing harmonious relationship between couples, in need of ensuring social role realization of families, in need of protecting benefits of the third-party who deals with husband or wife and maintaining dealing safety, and in need of prompting timely and smooth settlement of daily housework disputes.The third part puts emphasis on expounding details of agency right of family affairs as scope, subject, exercise, efficacy and limits etc. The author makes analysis and comparison about concrete provisions of content of agency of family affairs in different countries in the world, and puts forward his own understanding and opinion. First, scope of agency right of family affairs should be limited to daily housework, legislatively speaking, it can neither just makes abstract and brief provisions, nor simply spreads out those familiar daily housework, otherwise, it should organically combine the two and make analysis and enumeration on excluding issues of daily housework. Meanwhile, under special circumstance, scope of daily housework can also be expanded or reduced. Second, main principle of agency right of family affairs should be limited to legal couples, however, it depends whether separated couples and cohabited male-female can enjoy this right. Specifically speaking, separated couples only can enjoy agency right of family affairs on special legal items involving parents supporting or children fostering etc, however, cohabited male-female are allowed to enjoy agency right of family affairs while protecting the well-meaning third-party. Third, couples can exercise agency right of family affairs on one-side's behalf or on both behalf, but have to do their attention duty, besides, the attention duty should be same to the one handling their own affairs. Forth, legal effect of agency of family affairs behavior is under the couple's joint responsibility for the third-party, which attaches great importance to protecting the third-party's benefit and ensuring dealing safety. Fifth, agency in excess of authority means acting behavior by exceeding scope of daily housework, it belongs to no-right agency and can be divided to excess and excess of quality. Different ways should be taken to deal with the two types of agency in excess of authority. Sixth, reasons of agency of family affair limit should include abusing agency right of family affairs and extreme exercise. The limit extent can be not only partly limit but also complete limit. The limit ways include 3 ways: notification, post and registration. But it is the most feasible way to take the form of notification in our country, in case of improper limit or missing of limit condition, the limit should be repealed.The forth part is about legislation defect and system formation of agency right of family affairs. The author thinks that the actual marriage jurisprudence has no provision to system of household matters authority, related judicial explanation only makes partly introduction of agency right of family affairs, plenty of disadvantages and defects still exist, which specifically shows as follows: no specific provision concerns whether daily agency of family affairs behavior refers to personal property, no provision concerns that couples of agency of family affairs should take joint responsibility, no provision concerns limit of agency right of family affairs, no provision restricts scope of agency of family affairs, and no provision concerns other concrete problems of agency of family affairs. According to provision disadvantages and defects of system of household matters authority by marriage jurisprudence and its judicial explanation, the author puts forward suggestions and opinions about constructing system of household matters authority in our country. First, establishing legal status of marriage jurisprudence's basic system of system of household matters authority, and adding provision of agency right of family affairs in common power and obligation of marriage jurisprudence. Second, clearly formulating that main part of agency right of family affairs is legal couples, and whether separated couples and cohabited male-female are applicable to system of household matters authority depends on specific circumstance. Third, clearly formulating scope of daily housework and adopting legislation mode of summary + enumeration + exclusion. Forth, clearing formulating way, principle and legal responsibility of exercising agency right of family affairs. Couples can exercise agency right of family affairs on behalf of one side or both, but they have to do attention duty which equals to the one handling their own affairs, and take joint responsibility for related results. According to different types, agency in excess of authority can be treated differently. Fifth, comprehensively formulating reason, scope, method and repeal of limiting agency right of family affairs. Sixth, clearly distinguishing system of household matters authority and coordinate problems of its related opinion-expression agency system and well-meaning acquirement system.