Research On A Couple Of Family Agency

Couples Family agency is an important part of spouse rights of marriage law, itmeans that one of the spouses，in the range of daily housework, agent the otherspouse do some legal behavior with a third party,both spouses jointly bear the legalrights and obligations regime. Couples Family agency system originated in ancientRome, many civil law countries accept the system.With the development of the times,the system recognizes from only one wife with housework agency to admitted thecouple enjoy each other with the right. In today’s society, more and more couplesfamily agency appear in people’s lives. At the same time, the needs of society and thelegislative status quo contradictions have become increasingly prominent. With theestablishment of national judicial system, for marriage and family in the Familyagents are increasingly drawn wide attention of the legal profession and the judiciary.However, in terms of how to define the body of the Couples Family agency, in themain body, scope and limit its abuse, etc., there is no comprehensive clearly defined.Only in the judicial interpretation to provisions the equal treatment in property of thecouple. However, as a judicial interpretation, regardless of authority and integrity, it isinsufficient.Aiming at the defects of the couple family system in the current legislation, thisarticle from the legislative status quo and the status quo to analysis and discussion.The full text is divided into three parts. In the first part, I have Summary analysis thebasic theory of the couple’s family agency, from the nature of the subject, scope,effectiveness, limitations and other terms of abuse, have a further analysis the theoryof the status quo and the legislative status quo in some status. The second part, inview of the legislative and judicial practice to analyze the status quo, analyze theproblems of our couple family agency system in all aspects, and established theconclusion that the happen of The judicial problem is due to the lack of a clear law.The third part, the author analyzes the couple family agent system according to ownunderstanding of the agency and our status quo, put forward the proposal that legalthinking and the improvement of legislative proposals and related system aboutestablish and perfect the system of couple chores agent in our country.To the adoption of this analysis, the couple family agency system has been improvedand the family benefit.There has been a couple family agency in the complex social life and the privacy offamily life, in the maintenance transaction security and legitimate interests of bonafide third person also has an irreplaceable role. Through this study analyzes thecurrent family of husband and agent system needs improvement status and judicialstatus of legislation in order to be able to consummate the marriage law and thecodification of the Civil Code of inspiration.