Analysis Of Several Problems In The Family Agency System

Article 837 of the Civil Code and Marriage and Family Edition(draft for comments)formally introduced the concept of the power of family agency for the first time.This is not only an affirmation of the rationality and particularity of family agency,but also a delay in China's laws and judicial interpretations of family agency.Provisions.Recently,Article 160 of the Civil Code and Marriage and Family Edition of the Civil Code of the People's Republic of China(Draft)promulgated by the National People's Congress Law and Labor Commission once again clarified the rules of the family agency system in the form of legal articles.It also stabilized the legislative conclusion of the family agency power system written into the code.Although the family agency right has not been legislated before this,the judicial practice of family agency right is not infrequent,such as what is the scope of daily housework,whether it includes the disposal of real estate,and how to balance the relationship between husband and wife and creditors(section(Three persons)the burden of proof,under what circumstances the creditor is in good faith,if it is recognized as the husband and wife common debt,whether the debt liability property should involve the husband and wife's personal property,etc.These issues are due to the main concepts or The judgment standards are not clear enough,which has led to the occurrence of different judgments in the same case.In order to better reflect the important role of family agency rights in husband and wife relationships and family relationships,this article intends to refine the family agency system from the perspective of hermeneutics: First,although the Civil Code does not list or outline daily The scope of family affairs,but we should learn from the experience of the civil law system to form a consensus on the scope of daily family affairs.Through the analysis of domestic and foreign judicial status quo,big data statistics and the reference of national legislative experiences,the definition of daily family affairs is clear,which is helpful to distinguish what is Everyday housework is beyond daily housework.Secondly,in order to highlight the distinction between domestic agency,legal agency and commissioned agency,and at the same time pay attention to the effectiveness and use of daily housework agency rights,it is also necessary to pay attention to unauthorised family affairs.What is beyond-authority family affairs and what is the legal effect of this is another issue discussed in this article.Third,the establishment of the family agency system is to extend the civil capacity of husbands and wives to facilitate their lives together,and more importantly,Solve the common debt problem of husband and wife through family agency system to protect transaction security.Under different property systems,the internal and external effects of joint debts of husbands and wives and the liability of husbands and wives who share joint responsibilities are very different.Therefore,we need to clarify the sharing of responsibilities between husbands and wives in the family agency system under different property systems.The two aspects of "daily housework" and "extra power housework" are used to explain the responsibility of the family agency system under different property systems.At the same time,in the process of taking responsibility,we should also pay attention to the protection of the goodwill of a third party.In China,the relationship between husband and wife or family life is not always the focus of legal or judicial interpretation.However,with the development of social life,the focus of people's attention has gradually been internalized.The debt risk of the family unit or the harmonious requirements of husband and wife relationship has forced "husband and wife relationship" and "family life" to become realistic and urgent legislative issues.Facing the status quo of the overall structure and incomplete system of the husband and wife debt system in judicial practice,it is also at the critical stage of compiling the civil code for the marriage and family,and responding to practical issues such as husband and wife debt and family needs,in addition to being a legislator And the responsibility of the judiciary is also a glorious mission that history has given to every law student.