The Research On The Daily Household Matters Authority

The daily household matters authority refers to when it is necessary to deal with daily domestic housework,one of spouses not only has the agent right to interact with the the thrid party,but also the both sides of spouses must takes the legal consequences together.Since it is originated in ancient roman law,built on the period of bourgeois revolution,and nowadays inherited and carried forward by modern civil law countries.Two angles of views can be taken to research the daily household matters authority.ln the view of static state,the legal nexus of household matters authority is consisted by subject,object and content.The subject of the daily household matters authority should be conjugal partner.Although the separation conjugal relation can not be the subject of the daily household matters authority;The object of the daily household matters authority should be acts of agency.The husband and wife are obliged to enforce this right within statutory scope of the delegated authority;The obligee of the daily household matters authority not only be entitled to enforce this right equally,but also have the right to agree on the delegated authority.The obligee of the daily household matters authority must incur the adequate attention obligation and legitimate exertion obligation.In the view of dynamic state,the daily household matters authority is consisted by the enforcement of authority and the elimination of authority.The enforcement of the daily household matters authority includes an number of problems such as the form of enforcement,the effects of enforcement and the restraint of enforcement.The spouse can enforce this authority in the name of husband or wife.It can cause different legal effects if the rightness of right is nondeterminacy.So it is significant to restrict this authority;The elimination of authority includes the elimination caused by divorce and the elimination caused by separation.All in all,The development of daily household matters authority is incomplete.Moreover,The legislation deletion plague adjudicative work,so it is significant to improve and perfect the daily household matters authority in our legal system.In order to raise the legislative technique and promote the judicial work more smoothly,our civil legal system should draw on the advanced experience of foreign law.Based on China's actual conditions,we should modify law for the sake of establishing systemic daily household matters authority system. With all this measures,we can rehabilitate the legal status of daily household matters authority as an inherent and independent spouse right.We can also improve and perfect the daily household matters authority to keep youthful and viable.