| Agency right of family affairs, also known as "the daily affairs agency","husband and wife mutual agency", refers to a surviving spouse with a third person for family daily affairs for a certain legal act agent of each other’s rights, the legal consequence is the behavior of a surviving spouse as a couple by the behavior of both sides of husband and wife jointly and severally liable for the actions. As is known to all, both sides of husband and wife in marriage life needed to deal with the daily affairs of very much, can’t be everything jointly handle, must need to have a husband and wife mutual agency daily chores. From the point of the historical development and legal provisions, most countries in the marriage and family law are husband and wife have mutual agency for daily chores. Agency right of family affairs as a kind of right is the close relationship of civilization, progress, is a sign of equality of husband and wife relationship. With the development of the socialist market economy in our country, social and economic relationship increasingly complex, increasingly heavy and complicated civil relationship, Agency right of family affairs determine can not only effectively protect the lawful rights and interests of parties to the marriage itself, but also it can protect the legitimate interests of the third person in civil exchanges. More unfortunately, from the point of China’s existing laws and regulations, does not specify Agency right of family affairs. In view of this, this article aims to solve the Agency right of family affairs at the practice level may encounter all sorts of limitations and difficulties, from Agency right of family affairs when exercising subject scope, the object scope, limitation and effectiveness are analyzed. Finally points out that the legislation in our country some feasible Suggestions to perfect the Agency right of family affairs system, in order to enrich the field theory and perfect the render as some aspects of the practice. |
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