On The Identification Of Daily Household Agency Behavior

Daily household agent means that debet produced by a spouse who constitutes a legal act with any relative due to daily family life needs during the period in which they are under contract of marriage assumed by spouses.Now,Chinese legislation has a imperfect description and judicial interpretation hasn’t a uniform standard for daily household agent,which has encountered different judgments in the same case.Through the study of the case of "Zhang XX and Gu XX civil loan dispute cases",this article seeks to improve the daily household agency behavior.The focus of this case is that,when a spouse is in debt due to daily household chores,whether this behavior considered as spouses joint debt or daily household agency behavior.Daily household agent is different from the general agent,which should be a special agent.The scope of dail household agency is variety which depend on couple’s living standards and regional disparity.This article believes that it is more secure to distinguish the scope of daily household agency behavior by adopting the principle-based as the main and the exception-based rule as the supplement.From the perspective of distribution of proof burden,we should standardize China’s certification standards for the daily household agency activities.The determination of daily household agency behavioris one of the prerequisites for the establishment of spouses joint debts,and is also an important factor that affects the spouses joint debt.