Theoretical And Practical Research On Korean Agency Of Daily Household Affairs

Agency of daily household affairs, is one of the most important contents of spouse rights. It’s become more and more concerned by the legal profession and the judiciary. In our daily life, we can easily see the daily household agent behavior. However, in our country, the lack of legislation on the agency of daily household affairs resulting in legal disputes about the judicial trial.South Korea is adjacent to China and has similar history. Korea has a fairly complete system of agency of daily household affairs. Article 827 in "Korean civil law" recognized South Korea mutual agency on daily housework between husband and wife.832nd the provisions on joint liability the couple’s debt, to fulfill the obligations between husband and wife safeguard function.This text focused on South Korea’s agency of daily household affairs system of legal theory and legal precedent. On the basis of a comprehensive discussion on the Korean daily family agency system, and give some suggestions on the establishment and improvement of the legislation system in our country. Full text includes five parts, the first part is the introduction, introduce research purpose and significance, legislative gaps about agency of daily household affairs leads to the research purpose and significance, scilicet in our country has not set up agency of daily household affairs, produce a certain degree of flexibility, if introduce daily housework agency system of marriage and have many cheap economic transactions. Then the article briefly elaborated the scope, methods of research. Overview of the second part wrote daily housework agency, including the development of daily housework agency, the concept and characteristics, is simple compared with other agents. The third part, mainly based on trial practice case to analyze the content of the south Korean daily housework agency system, including the nature of the daily housework agency, scope, exercise, and joint and several liability of ostensible agency, finally from the perspective of the author make a summary to the above content. The fourth part is the highlight of this article is based on the above content to explore the necessity of establishing daily housework agency system in China, and put forward the Korea daily housework agency system of our country significance and then summarizes the author to improve our daily housework agency system of superficial legal thought and legislative Suggestions, the author’s Suggestions are:first is the legal status of establishing the system of household agent, the second is the nature of the defined daily housework agency, Third is clearly define the scope of the daily housework agency, fourth is determine the daily housework agency jointly and severally liable, fifth is coordinate the relationship between the housework agency and the agency by estoppels system.