Research On The Agent Right System Of Spousal Daily Household Affairs

The family is a special kind of basic unit in the market economy environment.The close identity relationship between the husband and wife determines the complexity of the property relationship in the transaction process.And the property disputes between husbands and wives are often reflected in the common debt disputes between husband and wife in actual life.According to the Interpretation of the Supreme People’s Court on Issues concerning the Application of Law in the Trial of Cases Involving Marital Debt Disputes in 2018,Looking at the rules of the Supreme People’s Court,the author found that,in addition to the debts agreed by both parties,whether it is used for family daily life needs has become the criterion for judging the substantive nature of husband and wife’s common debt.This criterion is the theoretical core of the daily household agency system.Therefore,constructing a daily household agent right system is the key to solving the problem of husband and wife’s common debt.Based on this background,this article discusses the improvement of China’s daily household agent right system.This article consists of four parts.The first part details the basic theory of the daily household agent right system.At the same time,the article affirms that the daily household agent right system is the system that protects husband and wife property rights and family unity,as well as safeguards the legal rights and transaction security of third parties.From the perspective of the current legislative status,the second part considers that China’s daily household agent right system constructed by the following two major judicial interpretations,Article 17 of the Interpretation No.I of the Supreme People’s Court on Several Issues in the Application of Marriage Law of the People’s Republic of China in 2001 and the Interpretation of the Supreme People’s Court on Issues concerning the Application of Law in the Trial of Cases Involving Marital Debt Disputes in 2018,is too general and not specific in terms of the specific scope of daily household matters and the restrictions on the exercise of rights,etc,and needs to be further detailed.Considering China’s "dysplasia" in the daily household agent right system,the third and fourth parts of the main body of the article start from the perspective of legal transplantation and study the provisions of the daily household agent right system in extraterritorial areas.To summarize the legislative experience of civil law countries and common law countries and draw lessons from them and put forward suggestions for Optimizing China’s daily household agent right system.First of all,at the legislative level,the author proposes to clearly define the daily household agent right system in the general provisions of the Civil Code,and further refine it in the marriage law.Regarding the subject of daily household agent right,the author believes that men and women with a legal marriage relationship enjoy daily household agent right.Regarding the factual marriage parties,they should be recognized conditionally in accordance with the provisions of China’s Marriage Law.For separated couples,they should be recognized separately.Regarding the definition of the scope of daily housework,the author agrees with the classification method of scholar Yang Jinling,who divided the scope of daily housework from three levels of human needs.At the same time,I enumerate and exclude some special matters.In terms of judicial practice,the author believes that it can draw on Japanese judicial practice experience analyzing and defining daily housework from subjective and objective aspects.Regarding the restriction of daily household agent right,the author believes that it should be wholly or partly restricted based on whether the spouse is abusing or unable to exercise the family agent right.the spouse can apply to the court for depriving of the agent right.And the restriction must not be directed against a bona fide third party without notice.Regarding the consequences of the exercise of daily family agent right,in principle,the spouse’s family agency acts should be jointly and severally liable by both spouses.However,if the spouse abuses the daily family agent right beyond the scope of daily household affairs,the spouse who exercises the power should assume responsibility independently.However,if the counterparty to the transaction has sufficient evidence to prove that it has reasonable grounds to believe that the agent’s behavior is a legal act related to daily household affairs,it should analogize the application of the requirements of a manifest agent.Of course,the knowledge of this article is still shallow,and there are many flaws.In the future,we will strengthen learning and research.