Daily Housework Agency Research

Daily housework agency originated in ancient Roman law, it is an important system to regulate the relationship between husband and wife in traditional relative law of civil law. In specific, it means owing to the needs of daily life, wife or husband certainly enjoys the authority in doing legal behaviors with the third person. Namely when wife or husband doing daily chores with a third person without authorization from other person can be regarded as the couple’s common means. With the development of economy, both sides of couple’s economic activity is more and more frequent, everything is made by the negotiation between husband and wife has been difficult to meet the need of social life, besides the legal disputes between wife (or husband) and the third person occurs frequently in practice, thus the calling for making the daily housework agent system is rising both in the theory and practice. Daily housework agency has irreplaceable value in regulating the relationship between husband and wife, maintaining the property transaction security and safeguarding the interests of a third person, therefore it has got legislative recognized by many countries. But Chinese marriage law has been lack of focusing on it for a long time, there is no provisions of daily housework agency laws in Chinese marriage law, just mentioned in judicial explanation. There should be a lot of hard work to make if we want to establish a perfect daily housework agency system.This paper mainly adopts three research methods to make a comprehensive discussion and research of daily housework agency, including document analysis, comparative analysis and value analysis, and in the light of the present defects of our legislation, on the basis of using other countries’advanced legislative experience for reference, making some suggestions to perfect our country’s legislation. This paper is divided into four parts:the first part mainly introduces some basic theories, including the meaning, nature, characteristics and value function of daily housework agency. The second and third" part discussed the performance of daily chores, only the second part expounded four questions directly, including the exercising scope, exercising main body, exercising forms and exercise effect of the daily housework agency, and it has to say, the discussion of the exercising main body is one of the paper’s innovative point, because many scholars analyzing the subject of daily housework agency only focused on the relationship during the stage of their marriage exists as the center previously. This paper expanded the range of exercising main body, besides the daily housework agency during the existence of marriage, also analyzing the daily housework agency during various special cases, for example, premarital cohabitation and marriage of termination. The third part discussed the restriction and elimination of daily housework agency from the opposite. The fourth part after analyzing the deficiency of daily housework agency in legislation, and on the basis of combining the local condition of China, putting forward some concrete suggestions about how to establish and perfect the daily housework agency. In order to play the part of volunteering to give an opinion so that others may follow suit, and make daily housework agency that is in the gray areas to be observed by the law.