Research On The Right To Housekeeping Agency Between Spouses

The right to housekeeping agency between spouses, also known as the right to housekeeping agency, inter-agency refers to the couple for the needs of daily family affairs and the implementation of legal acts of the third person, and the right to legal consequences shared by both sides. In everyday life, everyday matters to be dealt with complicated couple trivial, if everything is hands-on by a spouse, is not only time consuming, it is impossible to achieve. And if the couple enjoys the right to housekeeping agency between spouses, not only to facilitate the couple live together, to protect the safety of marital property, the important value is to protect the legitimate interests of third parties and the maintenance of the security of transactions. The right to housekeeping agency between spouses produced in the Roman family, and now in many countries and regions have the right to housekeeping agency between spouses has made specific provisions, but two marriage laws promulgated since the country since its inception in none of its specified, However, two of the Marriage Law in China since its inception has promulgated regulations were not for them, the Supreme Court "on the application<People’s Republic of China Marriage Law> explain certain issues " Article17, paragraph1is just the right to housekeeping agency between spouses reflected. This led directly to the criteria in judicial practice is not uniform, there is a phenomenon occurs when inequalities penalty. In this paper, a couple of the right to housekeeping agency between spouses conducted a more comprehensive discussion and analysis, and establish and improve this system put forward a legislative proposal to explore suitable for China’s actual situation a couple of the right to housekeeping agency between spouses system.In addition to the introduction and conclusion of this article is divided into four parts, totaling three thousand words.The first part is an overview of the right to housekeeping agency between spouses, introduces the connotation of the right to housekeeping agency between spouses, the emergence and development of the system as well as its nature and value. The right to housekeeping agency between spouses that originated in Roman law the Family of the appointment system, refers to one or both spouses to deal with daily family affairs and inter-agency legal acts and when the third party, the parties also increased from legal liability arising therefrom couple shared rights. Nature Agency of Family Affairs within the scope of the right to legal representation. The right to housekeeping agency between spouses to reflect the principle of gender equality, and can facilitate the daily life of a couple families, its core values to protect the legitimate interests of bona fide third parties and is able to maintain the security of transactions.The second part of the area surrounding the right to housekeeping agency between spouses and the exercise of the right way to analyze the right to housekeeping agency between spouses rights abuse in the legitimate use and effectiveness under. Agency of Family Affairs is entitled to exercise the body has the legal relationship of the couple, their scope is limited to "everyday family", that both spouses meet the daily needs of minors and the elderly and family matters necessary for everyday life, But has the exclusive personal behavior, real estate and personal property disposition behavior of large, larger installments purchase value of property investment behavior and risky behavior should be excluded from the scope of the right to housekeeping agency between spouses. The effectiveness of the exercise of the right to housekeeping agency between spouses, existence of internal validity and external validity of two aspects, internal validity is the couple mutually agents within the scope of routine housework, housework agency spouse exercised the legal consequences arising from it and in a couple other; External validity refers to whether the third person is a legal act with their spouses party claims jointly and severally liable, external validity in different situations can produce different legal consequences.The third part analyzes the right to housekeeping agency between spouses restrictions and eradication. The right to housekeeping agency between spouses should be limited, because it is a statutory limit, including a couple of daily housework and bear the abuse of power of attorney to exercise two. States Agency of Family Affairs to restrict the right of way is also varied, but have to notify the third party provisions. The right to housekeeping agency between spouses should also have the right to be limited to the corresponding method will limit the revocation, which is institutional aspects of the right to housekeeping agency between spouses must pay attention to the couple. If both husband and wife because, of various reasons which led to the fact that its existence is no longer living together, the right to housekeeping agency between spouses will wither, according to its eradication is able to recover after the right to housekeeping agency between spouses eliminated, can be divided into temporary and permanent eradication the elimination of two aspects, even a couple of the right to housekeeping agency between spouses wither, nor as a reason to fight the good faith and without negligence of a third person.The fourth part discusses the basic combination of the foregoing, we analyze the current situation of the legislative and judicial status of the couple about the right to housekeeping agency between spouses and noted the need for a couple of reasons and not the right to housekeeping agency between spouses regulations, Finally, China’s actual situation, to improve our agency Family Affairs made a number of legislative recommendations, including the legal status of husband and wife should be clear as soon as the right to housekeeping agency between spouses to determine the scope of the subject and the daily housework, Principles prescribed exercise, form, effectiveness and restrictions and the elimination of other aspects, related systems and should improve a couple of the right to housekeeping agency between spouses.