The Husbands And Wives Daily Family Work Right Of Agent

The husbands and wives daily family work right of agent is also called the family agency right, which is an important part of the spouse right system. The system is derived from the ancient Rome law marriage and family system in the family appointments, the vast majority of civil law countries in the use of the degree. Along with the progress of human civilization and the development of social economy, the system has been given a new content, from the beginning of only the wife of a daily family agency to the development of the two sides to today’s spouses enjoy daily housework agency. With the rapid development of economy and the opening up of ideas, the daily family affairs of the husband and wife are more and more in people’s life. However, the current situation of our country’s legislation can not meet the needs of the society, so the contradictions are becoming more and more prominent. In order to improve the legislation of marriage and family, the daily housework agency system in foreign countries is gradually recognized by our country’s judicial circle and the legal profession. However, the relevant legislation and judicial interpretation in our country have no specific provisions on how to define the main body, the scope of the husband and wife’s family home agency, the scope of its abuse, and the distribution of the burden of proof. In the judicial interpretation of the marriage law, the provisions on the equality of the two parties shall be made in the process of dealing with the common property of husband and wife. However, the judicial interpretation is not the national legislation, the authority and the system has many deficiencies.This paper is completed in four parts, the first part is a summary of the husband and wife’s daily household chores agency. First of all, the development process of the daily family agency of the husband and wife, and then to the husband and wife of the nature of the daily family agency of the nature of the various theories of the analysis, the conclusion is set up as a system for the daily family agency of family affairs. The second part is a typical case analysis. Through the introduction and analysis of the relevant cases, the relevant issues of the judicial practice of the husband and wife in the daily family agency is how to deal with the problem. The third part is about the introduction and analysis of the domestic and foreign affairs of the family and the family. First of all, it introduces the provisions of foreign and some areas in the legislation on the daily housework agency, and comprehensive assessment, and then to the system of the advanced part of the summary and summarized, in order to provide for our country in the future related legislation for reference. The fourth part is the legislation of the husband and wife’s daily housework agency system and the legislative proposals. Firstly, it is pointed out that in our country, we are involved in the relevant provisions of the husband and wife’s daily housework agency, and then by combining the relevant theories and the advanced legislative experience of foreign and some areas, the establishment and improvement of the daily family affairs of China and the husband and wife of the system of the right to make some legislative suggestions.