Study On Couple’s Agency Of Family Affairs

Trading activities are increasingly frequent and complex, and external transaction because of family affairs is increasing as well. As a result, couples doing everything themselves has not met the requirements of the times. One spouse has to have legal act with the third part for family life inevitably. Then come out agency of family affairs. It refers to the couples’ interest as well as the third part’ s interest. In order to deal with problems about agency of family affairs in reality, both civil law system countries and common law system countries stipulate agency of family affairs in detail. However, our country’ s law has appeared blank. In the judicial practices of our country, When it comes to cases about agency of family affairs, we suffer from no laws to abide by. In 2001, the Supreme Court worked out Marriage Law judicial interpretation(I), which refers to agency of family affairs first. But it has too general rules on agency of family affairs, and still exsists lots of problems.For the gaps and shortcomings of our country’ s legislation, and problems in justice, this paper makes a thorough and systematic analysis of issues about agency of family affairs based on learning from the legislative experiences of other countries. Besides introduction and conclusion, this paper consists of three parts.Chapter 1 is an outline of agency of family affairs. This part introduces the definition, historical development and property of agency of family affairs. It is the fundament for the entire article. After defining agency of family affairs, the paper then reviews its development at different stages, and analyzes its property fully. It not only introduces several main views of theory circle, but also analyzes the reason why agency of family affairs is special agent.Chapter 2 analyzes the necessary of our country’ s marriage law establishing agency of family affairs. This part analyzes the reason of establishing agency of family affairs urgently from the following three aspects: the drawbacks of our law regulation for agency of family affairs, problems existing in judicatory adjudgement and the value of agency of family affairs. In addition, it shows with case study that trial practice is different in many aspects. For example, determing subject and purview of agency of family affairs, and if one spouse enjoys agency of family affairs during separation.Chapter 3 discusses the main problems of agency of family affairs. This part is the core of the thesis. According to the drawbacks of our country’ s legislative as well as conflict of judicatory adjudgement, we can see that our country’ s agency of family affairs exists lots of problems. So this part focuses on several main issues of agency of family affairs, including its subject, purview, effects, consequences of abusing it, limitation and benefit protection and its extinguishment.