A Study On The Determination Of The Scope Of Daily Family Affairs For Couples

The right of everyday family representation refers to the right of a spouse to act on behalf of the other spouse in the context of everyday family matters when they are engaged in a civil legal act with a third party.For the first time,the Civil Code confirms the legal status of the system of daily family representation through legislation,but in essence,it does not solve the problem of applying the right of daily family representation in judicial practice.As the concept of "the daily needs of the family" is somewhat too abstract,it is difficult to determine which legal acts can be considered as daily family agency just by looking at the legal provisions,thus creating a lot of difficulties in judicial practice.This article focuses on the analysis of the system of daily domestic agency of husband and wife in China and the current situation in practice,and discusses how to define the scope of daily domestic agency of husband and wife by combining relevant academic theoretical research and drawing on overseas legislative experience.The main innovation of this article is that,in the process of writing,the author has searched for a large number of cases related to the daily family agency system in trial practice,and sorted out and analysed them.In the process of writing this article,I have searched a large number of cases related to the daily family agency system in trial practice,and sorted out and analysed them.This article firstly takes the current state of the legislation on the system as a basis,collates the cases relating to the system and summarises the problems and dilemmas in judicial practice.Secondly,it elaborates on the theoretical basis of everyday family agency and discusses its nature.The definition and exclusion of everyday family matters are further discussed,and whether lending and borrowing as well as transactions during separation can be included in the scope of everyday family matters of spouses is analysed.Finally,on the basis of the above discussion,legislative proposals are put forward to further improve the scope of everyday family matters of husband and wife,with a view to reducing the difficulties of application in judicial practice.