Exploring Family Agency Rights

As a traditional system of family law,the right to household agency,with the development of economy and society,and the transformation of ideology,is timeless.However,our country's current Marriage law don't provide this agency so that it is always controversial in the theory and practice.Although large numbers of scholars spare no effort to discuss its nature,for example,depute doctrine,the theory of legal agency and apparent agency theory.But the theory of special agency is most suitable for its nature.Thus,the subject of household agency are the husband and wife who have the legal marriage relationship,while the separated husband and wife can not become its subject in some special situation.Besides,to protect the Security of transaction and fairness, men and women in factual marriage relationship sometimes could enjoy this right.In fact, vague legal rules often lead to generating disputes.To improve the right to household agency,we must restrict its scope and define its effect.Some behaviors are not the scope of this agency,the civil legal behavior of personal, disposing of real property and venture capital.The effectiveness of household agency should keep the legal provision or the agreement of husbands and wives in marriage relationship.At the same time,they should take on the joint liability for the trading counterpart,but when knowing perfectly well that the property of husband and wife is separate,this counterpart can not require them to undertake the due obligations.