Research On The Agent Right Of Family Affairs

Influenced by the former Soviet Union’s legislation on relations of marriage and family, themarriage law of our country has never provided any direct regulation towards the agent right offamily affairs. However, it stressed that the couples solve problem in family life together withmutual consultation. In order to meet the need of application, the Law Circle spare no effort topromote the consummation of legislation of the agent right of family affairs. The agent right offamily affairs is actually an extension of the marital property system,which consists of two parts,the right that each of the couples deals with common property and the cognizance of commondebts. The aim is to protect the interest of the third party. Therefore, how to establish this systemand how to decide the scope, becomes indeed the problem of finding balance between maritalproperty relationships and the third party interest. This paper aims to demonstrate the necessity toestablish the agent right of family affairs, and find proper methods to do so.This paper consists of four parts to discuss the agent right of family affairs. Firstly, it analyzesthe agent right of family affairs’ deficiency based on the study on its legislative evolution andjudicial breakthrough in the perspective of its relationship with marital property and thussummarizes the necessity to give a systematic establishment to it. Secondly, it focuses on itsinternal law structure, and analyzes its legal basis that how one part of the agency can affect theother, and further discusses the extension of applicable subjects. Meanwhile, this paper will explainthe reasons of restriction of marital internal rights and advise methods. Thirdly, it focuses on theexternal law structure, and demonstrates that the nature of the agent right of family affairs is thethird party protection. By analyzing family affairs’ rational range and the obligation necessity ofthe third party, it defines the related liability bearing between couples. Finally, combined with theprevious study, it puts forward the proposed terms, and makes appropriate description.