Research On Legal Problems Of The Couple Agent Right

The couple agent right comes from spouse identity, as an importantsystem of adjusting personal relation between husband and wife, has not beenregulated clearly in the current marriage law of our country. This system wasoriginated from Rome law, after being adopted by many western capitalistcountries. The author through the analysis that couple family agency is aspecial agent, there are many similarities and differences comparing withgeneral agent, but the basic principle is also suitable for family affairs agency.It should be restricted to legal martial couples, on its applicability should adoptthe enumerative stipulation and exclude matters in an integrated mannerprescribed. In order to prevent one party from abusing or transcending thecouple agent right, the other party may limit, but this restriction principle unableto defend against a bona fide third party.The introduction leads to discuss themes. The text has four parts, the firstpart couple family agency problems, including its nature, meaning,characteristics and applicable scope. The second part is a couple agency offamily affairs comparative investigation. After investigation on the continentallaw system countries and Anglo-American law countries and regions of thecouple agent system of legislation, provide reference for ours. The third partmakes the problems clearly through the legislative and judicial practice of our country family affairs agency to analyze the current situation. The fourth partputs forward specific legislative proposals after the value analysis ofestablishing family agency. The conclusion is the summary of the full text.