Study On Couple's Agency Of Daily Family Affairs

The transfer of family production functions makes it necessary for the family to conduct transactions with a third party in order to meet the needs of the daily life of the couples.However,with the improvement of people's quality of life requirements,Couples' transactions with a third party have become increasingly frequent.The system of handling it yourself is increasingly unable to meet the needs of society,Coupled with the privacy of the relationship between husband and wife,which also led to an unstable risk for the transaction between a couple and a third party.How to coordinate the relation between couples and a third party is the core issue which the legislation needs to pay attention to.Therefore,the agency of family affairs arises as an important link to coordinate the relationship between couples and a third party outside.Due to the rationality and necessity of such system,it is adopted by the legislation of countries in the world,but there is no provision in our country's legislation.Therefore,based on the analysis of the status quo of the system of couple's agency of daily family affairs in our country and drawing lessons from the experience of foreign legislation,this article discusses how to improve China current daily family affairs agency system for the purpose of studying how the legislation harmonizes the relations between husband and wife and protects the interests of a third party outside.This paper is divided into three parts.The first part introduces the concept,origin,nature of daily chores agency,layingthe foundation for the full text.First of all,defining the concept of family agency and leading to the topic of the article.Secondly,sorting out the origin,development of such agency,discussing its nature and making a distinction in application.The second part discusses the status quo and insufficiency of China daily chores agency system.Although our country's legislation does not stipulate the family affairs agency,there are many cases of family affairs agency in judicial practice.Therefore,this part mainly analyzes the status quo of the current legal system of such agency in our country and the problems existing in judicial practice.The main problems existing in the current system are as follows: the lack of legislation on family affairs agency,the uncertainty of the judicial interpretation of the Supreme People's Court,and the narrow scope of application of local high court guidance.The determination of the main body of the family affairs agency and its scope in judicial practice is controversial.In terms of the scope of the subject,majority courts determine that couples are the subjects of family affairs agency and some courts also take relatives and men and women with a de facto marriage relationship into the category of family chores agency.It is also not clear whether there is a family affairs agency relationship during the separation between husband and wife.In judging the scope of family affairs,whether the disposal of large-values properties,large-scale loans and the transfer of shares belong to the scope of daily family affairs are controversial.The third part mainly discusses the improvement of China family affairs agency system,which is the core content of this paper.In terms of the subject.Civil Law countries generally restrict the subject scope of family affairs agency to couples,while Common Law countries judge the existence of family affairs agency based on cohabitation.Therefore,the scope of their subjects is not limited to husband and wife in Common Law countries.In combination with the actual situation and the trend of future development in China,the main body of thefamily agency will be limited to couples and exclude the qualifications of non-marital cohabitation and relatives for the exercise of such agency.In terms of daily family affairs.Civil law countries limit daily chores to the satisfaction of the daily life of the spouses and exclude matters that have a significant influence on the family at the same time.the exercise of the family affairs agency in the Common Law countries is limited to the purchase of necessities.Based on the actual situation in our country,this article believes that the determination of the scope of daily family affairs agency should not be directly stipulated,but adopt principled regulations first.The scope of the daily family affairs should be limited to the satisfaction of the basic living needs of the spouses.Judging whether a transaction belongs to such scope should be measured by beneficiaries of the exercise of family affairs agency and the influence of transactional behavior on the living conditions of the couples.Judging whether or not a party's loans are part of the daily household affairs requires a comprehensive consideration of the amount of the loan and its actual use.In order to avoid the abuse of daily family affairs agency,some issues that have a significant impact on the family are explicitly excluded: the disposal of large-value properties,large-scale loan guarantees,and stock risk investment etc.In terms of effectiveness.The exercise of family affairs agency is divided into the normal operations and abnormal exercise.In the case of normal exercise of family affairs agency,the husband and wife shall bear joint responsibility.however,in the case of abnormal exercise such agency,the distinction between internal and external effectiveness shall be made.In terms of external effectiveness,according to different situations,different systems apply,such as Apparent Agency System,Bona Fide Acquisition System.the internal effectiveness focuses on the remedy of a spouse.Restrictions on family affairs agency.The main reasons for the restrictions of a spouse's family affairs agency are that the spouse abuses such agency and is unable to exercise it.In terms of elimination.the elimination of family affairs agency is divided intotemporary eradication and permanent elimination.Causes of the former case mainly include separation and abuse of family agency.the latter mainly includes divorce,invalid marriage,the dissolution of marriage and the death of a spouse.